Sec. 27-170. Absent and additional members.
Sec. 27-170. Absent and additional members. (a) No member of a general or
special court-martial shall be absent or excused after the court has been assembled for
the trial of the accused unless excused as a result of a challenge, excused by the military
judge for physical disability or other good cause, or excused by order of the convening
authority for good cause.
(b) Whenever a general court-martial other than a general court-martial composed
of a military judge only is reduced below five members, the trial shall not proceed unless
the convening authority details new members sufficient in number to provide not less
than five members. When the new members have been sworn, the trial shall proceed as
if no evidence had previously been introduced, unless the accused stipulates to the reading of the recorded testimony of each witness previously examined to the court in the
presence of the military judge, the accused and counsel.
(c) Whenever a special court-martial other than a special court-martial composed
of a military judge only is reduced below three members, the trial shall not proceed
unless the convening authority details new members sufficient in number to provide
not less than three members. When the new members have been sworn, the trial shall
proceed as if no evidence has previously been introduced, unless the accused stipulates
to the reading of the verbatim record of the testimony of previously examined witnesses
or a stipulation thereof to the court in the presence of the accused and counsel.
(d) If the military judge of a court-martial composed of a military judge only is
unable to proceed with the trial because of physical disability, or as a result of a challenge,
or for other good cause, the trial shall proceed, subject to any applicable provision of
this chapter, after the appointment of a new military judge as if no other evidence had
previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge,
the accused and counsel for both sides.
(1967, P.A. 717, S. 30; P.A. 77-295, S. 3; P.A. 89-221, S. 6.)
History: P.A. 77-295 excepted general or special court-martial consisting of single military judge from application of
Subsecs. (b) and (c), provided in new Subsec. (d) for procedure to be followed where the single military judge court is
unable to proceed because of disability or challenge or other good cause; P.A. 89-221 amended Subsec. (a) to prohibit a
member being absent or excused "after the court has been assembled for the trial of the accused" rather than "after the
accused has been arraigned" and to specify that a member may be excused "by the military judge" for physical disability
"or other good cause".