40.105. Members of general and special courts-martial required to be present, exceptions--members or military judge replaced, procedure.
Members of general and special courts-martial required to be present,exceptions--members or military judge replaced, procedure.
40.105. 1. No member of a general or special court-martialshall be absent or excused after court has been assembled for thetrial of the accused except for physical disability or as theresult of a challenge or by order of the convening authority forgood cause.
2. Whenever a general court-martial, other than one composedof a military judge only, is reduced below twelve members, thetrial shall not proceed unless the convening authority detailsnew members sufficient in number to provide not less than twelvemembers. When the new members have been sworn, the trial mayproceed after the recorded testimony of each witness previouslyexamined has been read to the court in the presence of themilitary judge, the accused, and counsel for both sides.
3. Whenever a special court-martial is reduced below twelvemembers, the trial shall not proceed unless the conveningauthority appoints new members sufficient in number to providenot less than twelve members. When such new members have beensworn, the trial shall proceed with the new members present as ifno evidence has previously been introduced at the trial, unless averbatim record of the evidence previously introduced before themember of the court or a stipulation thereof is read to the courtin the presence of the military judge, if any, the accused, andcounsel for both sides.
4. If the military judge of a court-martial composed of amilitary judge only is unable to proceed with the trial becauseof physical disability, as a result of a challenge, or for othergood cause, the trial shall proceed, subject to any applicableconditions of section 40.050, after the detail of a new militaryjudge as if no evidence had previously been introduced, unless averbatim record of the evidence previously introduced or astipulation thereof is read in court in the presence of the newmilitary judge, the accused, and counsel for both sides.
(L. 1984 H.B. 1035 § 30)