Page 291 - Trump Executive Orders 2017-2021

9994 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(3) Fmfi?iture. Failure to make a timely motion under this subsection shall folfeit the
improper selection unless it constitutes a violation ofR.C.M. 50l(a), 502(a)(l), or 503(a)(2).
(c) Stating grounds for challenge. Trial counsel shall state any ground for challenge for cause
against any member of which trial counsel is aware.
(d) Examination of members. The military judge may permit the parties to conduct examination
of members or may personally conduct examination. In the latter event the military judge shall
permit the parties to supplement the examination by such further inquiry as the military judge
deems proper or the military judge shall submit to the members such additional questions by the
parties as the military judge deems proper. A member may be questioned outside the presence of
other members when the military judge so directs.
(e) Evidence. Any party may present evidence relating to whether grounds for challenge exist
against a member.
(f) Challenges and removalfor cause.
(1) Grounds. A member shall be excused for cause whenever it appears that the member:
(A) Ts not competent to serve as a member under Article 25(a), (b), or (c);
(B) Has not been properly detailed as a member of the court-martial;
(C) Is an accuser as to any offense charged;
(D) Will be a witness in the court-martial;
(E) Has acted as counsel for any party as to any offense charged;
(F) Has been a preliminary hearing officer as to any offense charged;
(G) Has acted in the same case as convening authority or as the legal officer or staff judge
advocate to the convening authority;
(H) Will act in the same case as reviewing authority or as the legal officer or staff judge
advocate to the reviewing authority;
(I) Has forwarded charges in the case with a personal recommendation as to disposition;
(J) Upon a rehearing or new or other trial of the case, was a member of the couti-
martial which heard the case before;
(K) Is junior to the accused in grade or rank, unless it is established that this could not
be avoided;
(L) Is in arrest or confinement;
(M) Has formed or expressed a definite opinion as to the guilt or innocence of the
accused as to any offense charged;
(N) Should not sit as a member in the interest of having the court-martial free from
substantial doubt as to legality, fairness, and impartiality.
(2) When made.
(A) Upon cmnpletion of examination. Upon completion of any examination under
subsection (d) of this rule and the presentation of evidence, if any, on the matter, each party
shall state any challenges for cause it elects to make.
(B) Other times. A challenge for cause may be made at any other time during trial when it
becomes apparent that a ground for challenge may exist. Such examination of the member and
presentation of evidence as may be necessary may be made in order to resolve the matter.
(3) Procedure. Each party shall be permitted to make challenges outside the presence of the
members. The party making a challenge shall state the grounds for it. Ordinarily trial counsel
shall enter any challenges for cause before defense counsel. The military judge shall mle finally
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