RS 129 - 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)(1)(b) of this Article.
(3) By order of the military judge or the convening authority for disability or other good cause.
B.(1) Under rules prescribed under Article 36 of this Code, the military judge or a general or special court-martial with members shall:
(a) After determination of challenges, impanel the court-martial; and
(b) Excuse 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 six members.
C. In addition to members under Subsection B of this Article, the military judge shall impanel alternate members, if the convening authority authorizes alternate members.
D. If, after members are impaneled , the membership of the court-martial is reduced to fewer than six members with respect to a general or 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 to provide the membership specified in this Article.
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 under Subsection D of this Article, 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, and counsel for both sides.
(2) In the case of a new military judge under Subsection E of this Article, 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.
Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.