Section 400.820  Challenges

a)         Challenges in General

1)         The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court.  The military judge or the court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time.  Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

2)         If exercise of a challenge for cause reduces the court below the minimum number of members required by Code Section 16, all parties shall, notwithstanding Code Section 29, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court.  However, peremptory challenges shall not be exercised at that time.

b)         Number of Challenges

1)         Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court.  The military judge may not be challenged except for cause.

2)         If exercise of a peremptory challenge reduces the court below the minimum number of members required by Code Section 16, the parties shall, notwithstanding Code Section 29, either exercise or waive any remaining peremptory challenge, not previously waived, against the remaining members of the court before additional members are detailed to the court.

c)         Whenever additional members are detailed to the court, and after any challenges for cause against those additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.  (Code Section 41)