North Dakota Code § 37-09-05

Special courts-martial - Appointment - Jurisdiction - Punishment
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The commanding officer, with a rank of at least colonel (0 -6), of each garrison, fort, post, 
camp, or other place, or of any brigade, regiment, detached battalion, or other detached 
command, may appoint special courts -martial for the officer's command. A special court -martial 
may be appointed in any case by a superior authority when it is deemed desirable by the 
superior authority. A special court -martial may try any person, except a commissioned officer, 
subject to the military law, for any crime or offense made punishable by the military laws of the 
United States, and has the same powers of punishment as a general court -martial except that 
fines imposed by a special court -martial may not exceed three hundred dollars and a sentence 
of confinement may not exceed one hundred days. A bad conduct discharge may not be 
adjudged unless a complete record of the proceedings and testimony has been made, counsel 
was detailed to represent the accused, and a military judge was detailed to the trial.

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