Section 400.410  Who May Convene a Court-Martial

a)         General Courts-Martial

1)         General courts-martial may be convened by:

A)        The Governor; or

B)        The Adjutant General. (Code Section 22)

2)         Any superior commander can withhold convening authority from a subordinate commander but shall not delegate his or her own authority.  When authority is withheld, that action should be in clearly defined writing or permanent directive.  The original letter withholding convening authority should be filed at Joint Force Headquarters, Office of the Staff Judge Advocate, 1301 N. MacArthur Blvd, Springfield IL 62702.  A copy should also be kept by the judge advocate serving the commander whose authority has been withheld.  Any such withholding remains in effect when a new commander is appointed to or assumes either command, until or unless expressly revoked by the superior commander.  Any such action should be addressed by duty title and not by name.

b)         Special Courts-Martial

1)         Special courts-martial may be convened by:

A)        any person who may convene a general court-martial;

B)        the Commander of the Illinois Army National Guard, for members of the Illinois Army National Guard, when empowered by the Adjutant General; or

C)        the Commander of the Illinois Air National Guard, for members of the Illinois Air National Guard, when empowered by the Adjutant General. (Code Section 23(a))

2)         If any officer listed in subsection (b)(1) is an accuser, the court shall be convened by superior competent authority and may, in any case, be convened by that superior authority if considered desirable by that authority. (Code Section 23(b))

c)         Summary Courts-Martial

1)         Summary courts-martial may be convened by:

A)        any person who may convene a general or special court-martial;

B)        the commanding officer or officer in charge of any other command when empowered by the Adjutant General. (Code Section 24(a))

2)         When only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases.  Summary courts-martial may, however, be convened in any case by superior competent authority if considered desirable by that authority. (Code Section 24(b))