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2017 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 4 - Military Affairs
Chapter 64 - Military Justice
Subchapter 4 - Courts-Martial
§ 12-64-414. Absent and additional members
Universal Citation: AR Code § 12-64-414 (2017)
- (a) No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause.
- (b)
- (1) Whenever a general court-martial is reduced below five (5) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five (5) members.
- (2) When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and the counsel.
- (c)
- (1) Whenever a special court-martial is reduced below three (3) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three (3) members.
- (2) When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.
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