39-6-22 - Military court members -- When excused -- Trial procedure.
39-6-22. Military court members -- When excused -- Trial procedure.
(1) A member of a military court may not be absent or excused after the court has beenassembled for the trial of the accused, except because of physical disability, the result of achallenge, or for good cause by order of the convening authority.
(2) (a) When a military court other than a court composed solely of a military judge isreduced to fewer than four members, the trial may not proceed unless the convening authoritydetails new members sufficient to provide not fewer than four members.
(b) When the new members have been sworn, the trial may proceed with the newmembers present after the recorded evidence previously introduced before the members of thecourt has been read to the court in the presence of the military judge, the accused, and the counselfor the prosecution and defense.
Amended by Chapter 15, 1989 General Session