33-10-69. Who may convene summary courts-martial.A summary court-martial may be convened by:(1)Any person who may convene a general or special court-martial;(2)The commanding officer of a detached company or other detachment, or corresponding unit of the Army;(3)The commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or(4)The commanding officer or officer in charge of any other command when empowered by the adjutant general.If 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. A summary court-martial may, however, be convened in any case by superior competent authority if considered desirable by such authority. Source: SL 2012, ch 175, §50.
South Dakota Legal Code