Section 124B-49 - Assembly and impaneling of members; detail of new members and military judges(a) The military judge shall announce the assembly of a general or special court-martial with members. After a court-martial is assembled, no member shall be absent unless the member is excused: (1) As a result of a challenge;(2) Under subsection (b)(2); or(3) By order of the military judge or convening authority for disability or other good cause.(b) In accordance with rules adopted by the governor or adjutant general, the military judge of a general or special court-martial with members shall: (1) After determination of challenges, impanel the court-martial; and(2) Excuse the members who, having been assembled, are not impaneled.(c) In a general court-martial, the military judge shall impanel eight members. In a special court-martial, the military judge shall impanel four members.(d) In addition to members under subsection (c), the military judge shall impanel alternate members, if the convening authority authorizes alternate members.(e) If, after members are impaneled, the membership of the court-martial is reduced to: (1) Fewer than six members with respect to a general court-martial; or(2) Fewer than four members with respect to a special court-martial, the trial shall not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in subsection (f).(f) The membership referred to in subsection (e) shall be as follows: (1) At least six but not more than eight members with respect to a general court-martial; or(2) Four members with respect to a special court-martial.(g) If the military judge is unable to proceed with the trial because of disability or otherwise, a new military judge shall be detailed to the court-martial.(h) In the case of new members under subsection (e), the trial may proceed with new members present after the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played in the presence of the new members, the military judge, the accused, and counsel for both sides.(i) In the case of a new military judge under subsection (g), the trial shall proceed as if no evidence had been introduced, unless the evidence previously introduced is read or, in the case of audiotape, videotape, or similar recording, is played in the presence of the new military judge, the accused, and counsel for both sides. Added by L 2022, c 286,§ 2, eff. 1/1/2023.