(a) Summary courts-martial may be convened:(1) By 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.(b) 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 such authority.
West Virginia Legal Code