§948m — Title 10 Armed Forces | U.S. Code

Summary

A military commission must have at least five primary members who vote. If the person on trial could get the death penalty, the commission must have the number of primary members required by section 949m(c). The official who formed the commission may add as many alternate members as needed and must list them in the order they will step in. After the commission starts, alternates can replace primary members who are excused, and the trial can keep going if an alternate is available. Members can only be excused for a challenge, for disability or other good cause by the judge, by the official who formed the commission for good cause, or (for alternates) to reduce extra alternates. If there are not enough primary members and no alternates left, the trial must stop until the official names enough new members. If new members join, the earlier recorded evidence must be read again in front of the judge, the accused (except as allowed under section 949d), and both sides’ lawyers. An alternate who already heard all evidence is not treated as a new member.

Title 10, §948m

Armed Forces — Source: USLM XML via OLRC

(a)(1)Except as provided in paragraph (2), a military commission under this chapter shall have at least five primary members and as many alternate members as the convening authority shall detail. Alternate members shall be designated in the order in which they will replace an excused primary member.

(2)In a case in which the accused before a military commission under this chapter may be sentenced to a penalty of death, the military commission shall have the number of primary members prescribed by section 949m(c) of this title.

(b)Primary members of a military commission under this chapter are voting members.

(c)(1)A military commission may include alternate members to replace primary members who are excused from service on the commission.

(2)Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.

(d)No primary or alternate member of a military commission under this chapter may be absent or excused after the military commission has been assembled for the trial of a case unless excused—

(1)as a result of challenge;

(2)by the military judge for physical disability or other good cause;

(3)by order of the convening authority for good cause; or

(4)in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.

(e)Whenever the number of primary members of a military commission under this chapter is reduced below the number of primary members required by subsection (a) and there are no remaining alternate members to replace the excused primary members, the trial may not proceed unless the convening authority details new members sufficient to provide not less than such number. The trial may proceed with the new members present after the recorded evidence previously introduced before the members has been read to the military commission in the presence of the military judge, the accused (except as provided in section 949d of this title), and counsel for both sides. An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 948m, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2606, related to number of members, excuse of members, and absent and additional members of a military commission, prior to the general amendment of this chapter by Pub. L. 111–84.

Amendments

2013—Subsec. (a)(1). Pub. L. 113–66, § 1031(a)(1)(A), substituted “at least five primary members and as many alternate members as the convening authority shall detail” for “at least five members” and inserted at end “Alternate members shall be designated in the order in which they will replace an excused primary member.” Subsec. (a)(2). Pub. L. 113–66, § 1031(a)(1)(B), inserted “primary” before “members”. Subsecs. (b), (c). Pub. L. 113–66, § 1031(a)(2)(B), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively. Subsec. (d). Pub. L. 113–66, § 1031(a)(2)(A), (3), redesignated subsec. (b) as (d), inserted “primary or alternate” before “member” in introductory provisions, and added par. (4). Subsec. (e). Pub. L. 113–66, § 1031(a)(2)(A), (4), redesignated subsec. (c) as (e), substituted “Whenever the number of primary members of a military commission under this chapter is reduced below the number of primary members required by subsection (a) and there are no remaining alternate members to replace the excused primary members” for “Whenever a military commission under this chapter is reduced below the number of members required by subsection (a)”, and inserted at end “An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member.”

§948m Number of Members; Excuse of Members; Absent and Additional Members