39A-5-214. Military court members -- When excused -- Trial procedure.
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Effective 5/4/2022
39A-5-214. Military court members -- When excused -- Trial procedure.
(1)A member of a military court may not be absent or excused after the court has been assembled for the trial of the accused, except because of physical disability, the result of a challenge, or for good cause by order of the convening authority.
(a)When a military court other than a court composed solely of a military judge is reduced to fewer than four members, the trial may not proceed unless the convening authority details new members sufficient to provide not fewer than four members.
(b)When the new members have been sworn, 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 the counsel for the prosecution and defense.
Renumbered and Amended by Chapter 373 , 2022 General Session