Page 243 - Trump Executive Orders 2017-2021

9946 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(e) Place. The convening authority shall ensure that an appropriate location and facilities for
courts-martial are provided.

Rule 505. Changes of members, military judge, military magistrate, and counsel
(a) In general. Subject to this mle, the members, military judge, military magistrate, and
counsel may be changed by an authority competent to detail or designate such persons.
Members also may be excused as provided in clause (c)(l)(B)(ii) and subparagraph (c)(2)(A).
(b) Procedure. When new persons are added as members or counsel or when substitutions are
made as to any members or counsel or the military judge or military magistrate, such persons
shall be detailed or designated in accordance with R.C.M. 503. An order changing the members
of the court-martial, except one which excuses members without replacement, shall be reduced
to writing before certification of the record of trial.
(c) Changes ofmemhers·.
(I) Before assembly.
(A) Ry convening authority. Before the court-martial is assembled, the convening authority
may change the members of the court-martial without showing cause.
(B) Ry convening authori(v 's· delegate.
(i) Delegation. The convening authority may delegate, under regulations of the
Secretary concerned, authority to excuse individual members to the staff judge advocate or legal
officer or other principal assistant to the convening authority.
(ii) Limitations. Before the court-martial is assembled, the convening authority's
delegate may excuse members without cause shown; however, no more than one-third of the
total number of members detailed by the convening authority may be excused by the
convening authority's delegate in any one court-martial. After assembly the convening
authority's delegate may not excuse members.
(2) After assembly.
(A) .Excusal. After assembly no member may be excused, except:
(i) By the convening authority for good cause shown on the record;
(ii) By the military judge for good cause shown on the record;
(iii) As a result of challenge under RC.M. 912; or
(iv) By the military judge when the number of members is in excess of the
number of members required for impanelment.
(B) New members. New members may be detailed after assembly only when, as a result
of excusals under subparagraph (c)(2)(A), the number of members of the court-martial is
reduced below the number of members required under R.C.M. 50l(a), or the number of enlisted
members, when the accused has made a timely written request for enlisted members, is reduced
below one-third of the total membership.
(d) Changes C?fdetailed counsel.
(1) Trial counsel. An authority competent to detail trial counsel may change trial counsel and
any assistant trial counsel at any time without showing cause.
(2) Defense counsel.
(A) Before formation of attorney-client relationship. Before an attorney-client relationship
has been formed between the accused and detailed defense counsel or associate or assistant
defense counsel, an authority competent to detail defense counsel may excuse or change such
counsel without showing cause.
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(B) After formation C?f attorney-client relationship. After an attorney-client relationship