2012 Idaho Statutes
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 11 - CODE OF MILITARY JUSTICE
Section 46-1117 - ABSENT AND ADDITIONAL MEMBERS.
(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.
History:
[(46-1117), added 1975, ch. 147, sec. 4, p. 339; am. 1984, ch. 92, sec. 15, p. 200; am. & redesig. 1998, ch. 176, sec. 16, p. 636.]
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