Alaska Stat. § 26.05.485

Current through Chapter 3 of the 2024 Legislative Session
Section 26.05.485 - Absent and additional members
(a) A member of a general or special court-martial may not be absent or excused after the court has been assembled for the trial of the accused unless the member is excused
(1) as a result of a challenge; or
(2) for good cause by the military judge or by order of the convening authority.
(b) If a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members, the military judge shall assign an available alternate member to the general court-martial to restore the court to five members. The trial may not proceed if a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members and no alternate is available for assignment.
(c) If a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members, the military judge shall assign an alternate member to the special court-martial to restore the court to three members. The trial may not proceed if a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members and no alternate is available for assignment.
(d) If the military judge of a court-martial composed of only a military judge is unable to proceed with a trial because of a challenge or for other good cause, the senior force judge advocate shall detail a new military judge. The trial shall proceed as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a written stipulation of the evidence is read in court in the presence of the new military judge, the accused, and counsel for both sides.

AS 26.05.485

Added by SLA 2016, ch. 55,sec. 4, eff. 7/1/2016.
This section was originally numbered as 26.05.460 but was changed by the revisor of statutes.