10 U.S.C. § 825 — Art. 25. Who may serve on courts-martial

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 634 words · no verdicts yet

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Active-duty commissioned officers may serve on any court-martial for which the person being tried may lawfully be tried. Active-duty warrant officers may serve on general or special courts-martial for anyone except a commissioned officer. Active-duty enlisted members may serve on general or special courts-martial when the accused is another enlisted member. An enlisted accused may request that the court consist entirely of officers or that enlisted members make up at least one-third of it. The accused generally cannot be tried by a court that does not match that request, unless physical conditions or military emergencies prevent enough eligible people from being available; in that event, the convening authority must give a written explanation and attach it to the record.

(a) A commissioned officer on active duty may serve on any court-martial for any person who may lawfully be tried there. (b) A warrant officer on active duty may serve on a general or special court-martial for any person except a commissioned officer who may lawfully be tried there. (c)(1) An enlisted member on active duty may serve on a general or special court-martial when the accused is another enlisted member. (2) Before the court is assembled, an enlisted accused may personally request orally on the record or in writing that (A) all members be officers, or (B) enlisted members make up at least one-third of the members, whether or not enlisted members have been assigned. (3) Except as paragraph (4) allows, the accused may not be tried if the membership does not match the request. (4) If physical conditions or military emergencies leave too few eligible officers or enlisted members, the trial may proceed. The convening authority must write the reasons for the shortage and attach that statement to the record. (d)(1) Except in the capital-case situations in paragraphs (2) and (3), the military judge sentences an accused tried by a judge and members. (2) In a capital case, if the accused is convicted of an offense for which death may be imposed, sentencing follows section 853(c) (article 53(c)). (3) In a capital case, if the accused is convicted of a noncapital offense, sentencing for that offense follows section 853(b) (article 53(b)), whether or not the accused was also convicted of an offense punishable by death. (e)(1) When avoidable, no armed-forces member may be tried by a court containing a member junior in rank or grade. (2) The convening authority must choose members best qualified by age, education, training, experience, length of service, and judicial temperament. A person cannot serve on a general or special court-martial if that person is the accuser, a prosecution witness, or acted as the preliminary-hearing officer or counsel in the same case. (3) The convening authority must assign at least enough members to impanel the court under section 829 (article 29). (4) To the greatest practicable extent, the convening authority must use the President's rules for random selection of qualified members. (f) Before the court is assembled, the convening authority may excuse a member. Under the Secretary concerned's rules, this authority may be delegated to the convening authority's staff judge advocate, legal officer, or another principal assistant.

the actual law source: uscode.house.gov ↗public domain

(a)

Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.

(b)

Any warrant officer on active duty is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

(c)

(1)

Any enlisted member on active duty is eligible to serve on a general or special court-martial for the trial of any other enlisted member.

(2)

Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that—

(A)

the membership of the court-martial be comprised entirely of officers; or

(B)

enlisted members comprise at least one-third of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial.

(3)

Except as provided in paragraph (4), after such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request.

(4)

If, because of physical conditions or military exigencies, a sufficient number of eligible officers or enlisted members, as the case may be, is not available to carry out paragraph (2), the trial may nevertheless be held. In that event, the convening authority shall make a detailed written statement of the reasons for nonavailability. The statement shall be appended to the record.

(d)

(1)

Except as provided in paragraph (2) for capital offenses, the accused in a court-martial with a military judge and members shall be sentenced by the military judge.

(2)

In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)).

(3)

In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with section 853(b) of this title (article 53(b)), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.

(e)

(1)

When it can be avoided, no member of an armed force may be tried by a court-martial any member of which is junior to the member being tried in rank or grade.

(2)

When convening a court-martial, the convening authority shall detail as members thereof such members of the armed forces as, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a general or special court-martial when the member is the accuser or a witness for the prosecution or has acted as preliminary hearing officer or as counsel in the same case.

(3)

The convening authority shall detail not less than the number of members necessary to impanel the court-martial under section 829 of this title (article 29).

(4)

When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable.

(f)

Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the Secretary concerned may prescribe, the convening authority may delegate the authority of the convening authority under this subsection to the staff judge advocate or legal officer of the convening authority or to any other principal assistant.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 45; Pub. L. 90–632, § 2(7), Oct. 24, 1968, 82 Stat. 1336; Pub. L. 98–209, §§ 3(b), 13(c), Dec. 6, 1983, 97 Stat. 1394, 1408; Pub. L. 99–661, div. A, title VIII, § 803(a), Nov. 14, 1986, 100 Stat. 3906; Pub. L. 114–328, div. E, title LV, § 5182, title LVI, § 5203(e)(2), Dec. 23, 2016, 130 Stat. 2899, 2906; Pub. L. 117–263, div. A, title V, § 543(a), Dec. 23, 2022, 136 Stat. 2582; Pub. L. 118–31, div. A, title V, § 531(b)(2), Dec. 22, 2023, 137 Stat. 258.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1968Amended · Pub. L. 90-632 · 82 Stat. 1336
1983Amended · Pub. L. 98-209 · 97 Stat. 1394, 1408
1986Amended · Pub. L. 99-661 · 100 Stat. 3906
2016Amended · Pub. L. 114-328 · 130 Stat. 2899, 2906
2022Amended · Pub. L. 117-263 · 136 Stat. 2582
2023Amended · Pub. L. 118-31 · 137 Stat. 258

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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