39-6-34 - Military court -- Challenge for cause -- Peremptory challenge.
39-6-34. Military court -- Challenge for cause -- Peremptory challenge.
(1) The military judge and members of a military court may be challenged by the accusedor the trial counsel for cause stated to the court. The military judge of the court shall determinethe relevancy and validity of challenges for cause, and may not receive a challenge to more thanone person at a time. Challenges by the trial counsel shall be presented and decided before thoseby the accused are offered, unless the judge determines otherwise.
(2) Each accused and the trial counsel are entitled to one peremptory challenge, but themilitary judge may not be challenged except for cause. The military judge in his discretion maygrant additional peremptory challenges where appropriate.
Enacted by Chapter 210, 1988 General Session