ARTICLE 29. Assembly and impaneling of members; detail of new members and military judges.

A. The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused:

1. As a result of a challenge;

2. Under subparagraph b of paragraph 1 of subsection B of this section; or

3. By order of the military judge or the convening authority for disability or other good cause.

B. 1. Under rules promulgated by the Adjutant General, the military judge of a general or special court-martial with members shall:

a.after determination of challenges, impanel the court-martial, and

b.excuse the members who, having been assembled, are not impaneled.

2. In a general court-martial, the military judge shall impanel eight members.

3. In a special court-martial, the military judge shall impanel four members.

C. In addition to members specified in subsection B of this section, the military judge shall impanel alternate members, if the convening authority authorizes alternate members.

D. 1. If, after members are impaneled, the membership of the court-martial is reduced to:

a.fewer than six members with respect to a general court-martial, or

b.fewer than four members with respect to a special court-martial,

the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph 2 of this subsection.

2. The membership referred to in paragraph 1 of this subsection is as follows:

a.at least six but not more than eight members with respect to a general court-martial, and

b.four members with respect to a special court-martial.

E. If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.

F. 1. In the case of new members detailed under subsection D of this section, the trial may proceed with the new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new members, the military judge, the accused, and counsel for both sides.

2. In the case of a new military judge under subsection E of this section, the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played, in the presence of the new military judge, the accused, and counsel for both sides.

Added by Laws 2019, c. 408, § 36, eff. Oct. 1, 2019.