2005 Idaho Code - 46-1117 — ABSENT AND ADDITIONAL MEMBERS

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1117.  ABSENT AND ADDITIONAL MEMBERS. (1) No member of a court-martial
shall be absent or excused after the court has been assembled for the trial of
the accused except for a physical disability, as a result of a challenge, or
by order of the convening authority for a good cause.
    (2)  A general court-martial shall be composed of at least five (5)
members and at least one (1) alternate member.
    (3)  A special court-martial shall be composed of at least three (3)
members and at least one (1) alternate member.
    (4)  If the military judge of a court-martial composed of a military judge
only is unable to proceed with the trial because of physical disability, as a
result of a challenge, or for other good cause, the trial shall proceed after
the detail of a new military judge as if no evidence had previously been
introduced, unless a verbatim record of the evidence had previously been
introduced or a stipulation to its use is read in court in the presence of the
new military judge, the accused, and counsel for both sides, and such is
consented to by the accused and both trial and defense counsel. If not
consented to, the convening authority may order a new trial.