10 U.S.C. § 949f: Challenges

Summary

Accused and trial counsel can ask the commission to remove the military judge or members for a stated reason. The military judge decides if those reasons are valid. Only one challenge is argued at a time. Normally the trial counsel’s challenges are handled before the accused’s. Each side gets one peremptory challenge (no reason needed). The military judge can only be disqualified for a stated reason, not by peremptory challenge. The military judge can give extra peremptory challenges if needed for justice. If extra members are added, after any for‑reason challenges are decided, each side gets one more peremptory challenge against members not already challenged.

Title 10, §949f

Armed Forces, Source: USLM XML via OLRC

(a)Challenges Authorized.—

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)Peremptory Challenges.—

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)Challenges Against Additional Members.—

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