Section 25: Who may serve on courts-martial

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Article 25. Who may serve on courts-martial.

(a)A commissioned officer of the state military forces shall be eligible to serve on all courts-martial for the trial of a person subject to this code.

(b)A warrant officer of the state military forces shall be eligible to serve on general and special courts-martial for the trial of a person subject to this code, other than a commissioned officer.

(c)An enlisted member of the state military forces who is not a member of the same unit as the accused shall be eligible to serve on general and special courts-martial for the trial of an enlisted member subject to this code, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under subsection

(a)of article 39 prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least 1/3 of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why the enlisted members could not be obtained. For purposes of this article, ''unit'' shall mean a regularly organized body of the state military forces not larger than a company, a squadron, a division of the naval militia or a body corresponding to 1 of them.

(d)No person subject to this code may be tried by a court-martial if a member of that court-martial is junior to the accused in rank or grade, unless non-junior members cannot be obtained on account of physical conditions or military exigencies.

(e)When convening a court-martial, the convening authority shall detail as members thereof such members of the state military forces as, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial if that member is the accuser, a witness or has acted as investigating officer or as counsel in the same case.

(f)Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to any other principal assistant.