This section says who may serve on courts-martial and sets rules for court membership, requests by an accused enlisted member, and actions the convening authority must take.
§125. Article 25. Who may serve as members of courts-martial A. Any commissioned officer of or on duty with the state military forces is eligible to serve as a member of all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. B. Any warrant officer of or on duty with the state military forces 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 of the state military forces 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 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) of this Subsection, 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, are not available to carry out Paragraph (2) of this Subsection, 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. The accused in a court-martial with a military judge and members may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by the members. E.(1) When it can be avoided, no person subject to this Code may be tried by a court-martial any member of which is junior to him in rank or grade. (2) When convening a court-martial, the convening authority shall detail as members thereof such members of the state military force as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military force is eligible to serve as a member of a general court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer, 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 Article 29 of this Code. F. Before a court-martial is assembled for trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the adjutant general may prescribe, the convening authority may delegate his authority under this Subsection to his state judge advocate or other principal assistant. Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.