N.D. Cent. Code § 37-09-05
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.
N.D.C.C. § 37-09-05