Alabama § 31-2A-29 - (Article 29.) Absent and Additional Members.

§ 31-2A-29. (Article 29.) Absent and Additional Members.

(a) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause.

(b) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than the applicable minimum number of five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides.

(c) If the military judge of a general court-martial is unable to proceed with the trial as a result of a challenge because of physical disability, or for other good cause, the trial shall proceed, subject to any applicable conditions of Section 31-2A-16(1)b. (Article 16(1)b.), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.

(d) If the military judge of a special court-martial is unable to proceed with the trial as a result of a challenge because of physical disability, or for other good cause, the trial shall proceed, subject to any applicable conditions of Section 31-2A-16(2)b. and c. (Article 16(2)b. and c.), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.