46-1117 ABSENT AND ADDITIONAL MEMBERS.
MILITIA AND MILITARY AFFAIRS
CHAPTER 11
CODE OF MILITARY JUSTICE
46-1117. Absent and additional members. (1) No member of a court-martial shall be absent or excused after the court has been assembled for the trial of the accused except for a physical disability, as a result of a challenge, or by order of the convening authority for a good cause.
(2) A general court-martial shall be composed of at least five (5) members and at least one (1) alternate member.
(3) A special court-martial shall be composed of at least three (3) members and at least one (1) alternate member.
(4) 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, as a result of a challenge, or for other good cause, the trial shall proceed after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence had previously been introduced or a stipulation to its use is read in court in the presence of the new military judge, the accused, and counsel for both sides, and such is consented to by the accused and both trial and defense counsel. If not consented to, the convening authority may order a new trial.