1998 Minnesota Statutes

     192A.165 Absent and additional members. 

    Subdivision 1.  No member of a general or special 
 court-martial may be absent or excused after the court has been 
 assembled for the trial of the accused, except for physical 
 disability or as the result of a challenge or by order of the 
 convening authority for good cause. 

    Subd. 2.  A general court-martial, other than a general 
 court-martial composed of a military judge only, shall be 
 composed of at least five regular members and one alternate 
 member selected as described for regular members.  Whenever a 
 general court-martial is reduced below five members, the trial 
 may not proceed unless the convening authority details new 
 members sufficient in number to provide not less than five 
 members.  The trial may proceed with the new members present 
 after the recorded evidence previously introduced before the 
 members of the court has been read to the court in the presence 
 of the military judge, the accused, and counsel for both sides 
 and such procedure is consented to by the accused and defense 
 counsel.  If not consented to, the convening authority may order 
 a new trial. 

    Subd. 3.  A special court-martial, other than a special 
 court-martial consisting of a military judge only, shall be 
 composed of at least three regular members and one alternate 
 member selected as described for regular members.  Whenever a 
 special court-martial is reduced below three members, the trial 
 may not proceed unless the convening authority details new 
 members sufficient in number to provide not less than three 
 members.  The trial may proceed with the new members present 
 after the recorded evidence previously introduced before the 
 members of the court has been read to the court in the presence 
 of the military judge, the accused, and counsel for both sides 
 and such procedure is consented to by the accused and defense 
 counsel.  If not consented to, the convening authority may order 
 a new trial. 

    Subd. 4.  No person is eligible to act as a military judge 
 in a case if that person is the accuser, a witness for the 
 prosecution, a counsel, or has acted as investigating officer in 
 the same case. 

    HIST: 1963 c 661 s 192A.165; 1978 c 552 s 18; 1986 c 444