Okla. Stat. tit. 44, § 44-825

ARTICLE 25. Who may serve on courts-martial.

A. Any commissioned officer who is a member of the same force

component as the accused is eligible to serve on all courts-martial

for the trial of any person who may lawfully be brought before such

courts for trial.

B. Any warrant officer who is a member of the same force

component as the accused is eligible to serve on general and special

courts-martial for the trial of any person, other than a

commissioned officer, who may lawfully be brought before such courts

for trial.

C. 1. Any enlisted member from the same force component as the

accused is eligible to serve on a general or special court-martial

for the trial of an enlisted member.

2. Before a court-martial with a military judge and members is

assembled for trial, an enlisted member who is an accused may

personally request, orally on the record or in writing, that:

a. the membership of the court-martial be comprised

entirely of officers, or

b. enlisted members comprise at least one-third (1/3) of

the membership of the court-martial, regardless of

whether enlisted members have been detailed to the

court-martial.

Oklahoma Statutes - Title 44. Militia Page 83

3. After such a request, the accused may not be tried by a

general or special court-martial if the membership of the court-

martial is inconsistent with the request.

D. The accused in a court-martial with a military judge and

members may, after the findings are announced and before any matter

is presented in the sentencing phase, request, orally on the record

or in writing, sentencing by members.

E. 1. No person subject to the Oklahoma Uniform Code of

Military Justice may be tried by a court-martial any member of which

is junior to him or her in rank or grade.

2. When convening a court-martial, the convening authority

shall detail as members thereof such members of the same force

component as the accused as, in his or her opinion, are best

qualified for the duty by reason of age, education, training,

experience, length of service, and judicial temperament. No member

of the state military force is eligible to serve as a member of a

general or special court-martial when he or she is the accuser or a

witness or has acted as preliminary hearing officer or as counsel in

the same case.

3. The convening authority shall detail not less than the

number of members necessary to impanel the court-martial under

Section 829 of this title (Article 29).

F. Before a court-martial is assembled for the trial of a case,

the convening authority may excuse a member of the court from

participating in the case. Under regulations promulgated by the

Adjutant General, the convening authority may delegate his or her

authority under this subsection to his or her staff judge advocate,

to an assistant staff judge advocate or to any other principal

assistant.