35.145 Absent and additional members.
349 words·~2 min read·
/ky/chapter-35/35-145A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)No member of a general or special court-martial shall be absent or excused after the
court has been assembled for the trial of the accused unless excused as a result of a
challenge, excused by the military judge for physical disability or other good cause,
or excused by order of the convening authority for good cause.
(2)Whenever a general court-martial, other than a general court-martial composed of a
military judge only, is reduced below five
(5)members, the trial may not proceed
unless the convening authority details new members sufficient in number to provide
not less than the applicable minimum number of five
(5)members. The trial may
proceed with the new members present after the recorded evidence previously
introduced before the members of the court has been read to the court in the
presence of the military judge, the accused, and counsel for both sides.
(3)Whenever a special court-martial, other than a special court-martial composed of a
military judge only, is reduced below three
(3)members, the trial may not proceed
unless the convening authority details new members sufficient in number to provide
not less than three
(3)members. The trial shall proceed with the new members
present as if no evidence has been introduced previously at the trial, unless a
verbatim record of the evidence previously introduced before the members of the
court or a stipulation thereof is read to the court in the presence of the military
judge, the accused, and counsel for both sides.
(4)If the military judge of a court-martial composed of a military judge only is unable
to proceed with the trial because of physical disability, as a result of a challenge, or
for other good cause, the trial shall proceed, subject to any applicable conditions in
KRS 35.075(1)(b) or (2)(b), after the detail of a new military judge as if no evidence
had previously been introduced, unless a verbatim record of the evidence previously
introduced or a stipulation thereof is read in court in the presence of the new
military judge, the accused, and counsel for both sides.