5504 - Who may serve on courts-martial.

     § 5504.  Who may serve on courts-martial.        (a)  Commissioned officer.--Any commissioned officer of the     State military forces is eligible to serve on all courts-martial     for the trial of any person who may lawfully be brought before     such courts for trial.        (b)  Warrant officer.--Any warrant officer of the State     military forces is eligible to serve on general and special     courts-martial for the trial of any person, other than a     commissioned officer, who may lawfully be brought before such     courts for trial.        (c)  Enlisted person.--            (1)  Any enlisted person of the State military forces who        is not a member of the same unit as the accused is eligible        to serve on general and special courts-martial for the trial        of any enlisted person who may lawfully be brought before        such courts for trial. He shall serve as a member of a court        only if, before the convening of the court, the accused        personally has requested in writing that enlisted members        serve on it. After such a request, the accused may not be        tried by a general or special court-martial, the membership        of which does not include enlisted persons in a number        comprising at least one-third of the total membership of the        court, unless eligible members cannot be obtained on account        of physical conditions or military exigencies. If such        members cannot be obtained, the court may be convened and the        trial held without them, but the convening authority shall        make a detailed written statement, to be appended to the        record, stating why they could not be obtained.            (2)  In this subsection, the word "unit" means any        regularly organized body of the State military forces not        larger in size than a company, or a corresponding body.        (d)  Ineligible persons.--            (1)  No person subject to this part may be tried by a        court-martial any member of which is junior to him in rank or        grade.            (2)  When convening a court-martial, the convening        authority shall appoint as members thereof such members as,        in his opinion, are best qualified for the duty by reason of        age, education, training, experience, length of service, and        judicial temperament. No member is eligible to serve as a        member of a general or special court-martial when he is the        accuser or a witness for the prosecution or has acted as        investigating officer or as counsel in the same case.