§949f — Title 10 Armed Forces | U.S. Code

Summary

Allows the accused and the prosecutor to challenge the military judge and the members of a military commission if they have a reason. The judge decides if each challenge is valid, hears only one challenge at a time, and usually rules on the prosecutor’s challenges before the accused’s. Each side gets one peremptory strike (one member they can remove without giving a reason). The judge can’t be removed by a peremptory strike but can give extra peremptory strikes if needed for fairness. If more members are added, and after any for-cause challenges to those new members are decided, each side gets one more peremptory strike against members who have not already been struck peremptorily.

Title 10, §949f

Armed Forces — Source: USLM XML via OLRC

(a)The military judge and primary or alternate members of a military commission under this chapter may be challenged by the accused or trial counsel for cause stated to the military commission. The military judge shall determine the relevance and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(b)The accused and trial counsel are each entitled to one peremptory challenge, but the military judge may not be challenged except for cause. Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice.

(c)Whenever additional members are detailed to a military commission under this chapter, and after any challenges for cause against such additional members are presented and decided, the accused and trial counsel are each entitled to one peremptory challenge against members not previously subject to peremptory challenge.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 949f, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2613, related to challenges, prior to the general amendment of this chapter by Pub. L. 111–84.

Amendments

2013—Subsec. (a). Pub. L. 113–66, § 1031(b)(1), inserted “primary or alternate” before “members”. Subsec. (b). Pub. L. 113–66, § 1031(b)(2), inserted at end “Nothing in this section prohibits the military judge from awarding to each party such additional peremptory challenges as may be required in the interests of justice.”

§949f Challenges