2016 Alaska Statutes
Title 26 - MILITARY AFFAIRS, VETERANS, DISASTERS, AND AEROSPACE
Chapter 26.05 - MILITARY CODE OF ALASKA
Article 02 - CODE OF MILITARY JUSTICE
Sec. 26.05.485 Absent and additional members.

AK Stat § 26.05.485 (2016) What's This?

(a) A member of a general or special court-martial may not be absent or excused after the court has been assembled for the trial of the accused unless the member is excused

(1) as a result of a challenge; or

(2) for good cause by the military judge or by order of the convening authority.

(b) If a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members, the military judge shall assign an available alternate member to the general court-martial to restore the court to five members. The trial may not proceed if a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members and no alternate is available for assignment.

(c) If a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members, the military judge shall assign an alternate member to the special court-martial to restore the court to three members. The trial may not proceed if a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members and no alternate is available for assignment.

(d) If the military judge of a court-martial composed of only a military judge is unable to proceed with a trial because of a challenge or for other good cause, the senior force judge advocate shall detail a new military judge. The trial shall proceed as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a written stipulation of the evidence is read in court in the presence of the new military judge, the accused, and counsel for both sides.

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