Guam § 63717 - Who May Serve on Courts-Martial.

§ 63717. Who May Serve on Courts-Martial.

(a) Any Guam commissioned officer in duty status is eligible to serve on all courts-martial for the trial

of any person who may lawfully be brought before such courts for trial.

COL 2026-04-23

(b) Any warrant officer in duty status 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) [No text]

(1) Any enlisted member of the Guam military forces in a Guam duty status who is not a member

of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of

any enlisted member of the Guam military forces who may lawfully be brought before such courts for

trial, but he shall serve as a member of a court only if, before the conclusion of a session called by the

military judge under § 63720.3(a) of this Code prior to trial or, in the absence of such a session, before

the court is assembled for the trial of the accused, the accused personally has requested in writing that

enlisted members serve on it. After such a request, the accused may not be tried by a general or special

court-martial the membership of which does not include enlisted members in a number comprising at

least one-third of the total membership of the court, unless eligible members cannot be obtained on

account of physical conditions or military exigencies. If such members cannot be obtained, the court

may be convened and the trial held without them, but the convening authority shall make a detailed

written statement, to be appended to the record, stating why they could not be obtained.

(2) In this Subarticle, the word “unit” means any regularly organized body, but in no case may it

be a body larger than a company, squadron or body corresponding to one of them.

(d) [No text]

(1) When it can be avoided, no member of the Guam military forces may be tried by a court-

martial which consists of any member 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 Guam military forces as, in his opinion are the best qualified for the duty by reason of

age, education, training, experience, length of service, and judicial temperament. No member of the

Guam military forces is eligible to serve as a member of a general or special court-martial when he is

the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the

same case.

(e) Before a court-martial is assembled for the 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 staff judge

advocate or legal officer or to any other principal assistant.