Page 237 - Trump Executive Orders 2017-2021

9940 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(iii) A military judge alone if trial by a military judge is requested and approved under
R.C.M. 903; or
(iv) A military judge and six or seven members, but only if, after impanelment, the
panel is reduced below eight members as a result of challenges or excusals.
(B) Capital cases. In capital cases, a general court-martial shall consist of:
(i) A military judge and twelve members; or
(ii) A military judge, twelve members, and any alternate members authorized by the
convening authority.
(2) Special courts-martial. Special courts-martial shall consist of:
(A) A military judge and four members;
(B) A militaty judge, four members, and any alternate members authorized by the
convening authority;
(C) A military judge alone if trial by a military judge is requested and approved under
R.C.M. 903; or
(D) A military judge alone if the case is referred for trial by a special court-martial
consisting of a military judge alone under Article 16(c)(2)(A).
(b) Counsel in general and 5pecial courts-martial. Military trial and defense counsel shall be
detailed to general and special courts-martial. Assistant trial and associate or assistant defense
counsel may be detailed.
(c) Other personnel. Other personnel, such as interpreters, bailiffs, clerks, escorts, and orderlies,
may be detailed or employed as appropriate but need not be detailed by the convening authority
personal! y.

Rule 502. Qualifications and duties of personnel of com·ts-martial
(a)Members.
(1) Qualifications. The members detailed to a court-martial shall be those persons who in the
opinion ofthe convening authority are best qualified for the duty by reason of their age,
education, training, experience, lenbrt:h of service, and judicial temperament. Each member shall
be on active duty with the anned forces and shall be:
(A) A commissioned o±llcer;
(B) A warrant officer, except when the accused is a commissioned officer; or
(C) An enlisted person, except when the accused is either a commissioned or warrant
officer.
(2)Duties.
(A) Members. The members of a court-martial shall determine whether the accused is
proved guilty and, in a capital case in which the accused is found guilty of a capital offense, or
in a non-capital case when the accused elects sentencing by members in accordance with
R.C.M. 1002, the members shall determine an appropriate sentenee, based on the evidence and
in accordance with the instructions of the military judge. Each member has an equal voice and
vote with other members in deliberating upon and deciding all matters submitted to them. No
member may use rank or position to ini1uence another member. No member of a court-martial
may have access to or use in any open or closed session this Manual, reports of decided cases,
or any other reference material.
(B) Alternate members. Members impaneled as alternate members shall have the same
duties as members under subparagraph (A). However, an alternate member shall not vote or
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