Chapter V · Court-Martial Composition and Personnel; Convening Courts-Martial
R.C.M. 501. Composition and personnel of courts-martial
2024 Manual for Courts-Martial, United States
See all changes(a) Composition of courts-martial.
(1) General courts-martial.
(A) Non-capital cases. In non-capital cases, a general court-martial shall consist of:
(i) A military judge and eight members;
(ii) A military judge, eight members, and any alternate members authorized by the convening authority;
(iii) A military judge alone if trial by a military judge is requested and approved under R.C.M. 903; or
(iv) A military judge and six or seven members, but only if, after impanelment, the panel is reduced below eight members as a result of challenges or excusals.
(B) Capital cases. In capital cases, a general court-martial shall consist of:
(i) A military judge and twelve members; or
(ii) A military judge, twelve members, and any alternate members authorized by the convening authority.
(2) Special courts-martial. Special courts-martial shall consist of:
(A) A military judge and four members;
(B) A military judge, four members, and any alternate members authorized by the convening authority;
(C) A military judge alone if trial by a military judge is requested and approved under R.C.M. 903; or
(D) A military judge alone if the case is referred for trial by a special court-martial consisting of a military judge alone under Article 16(c)(2)(A).
Discussion
See R.C.M. 903 regarding the right of an enlisted accused to request a panel of at least one-third enlisted members or an all-officer panel. See R.C.M. 912A regarding the impaneling of members and alternate members. See R.C.M. 1301(a) concerning composition of summary courts-martial.
(b) Counsel in general and special courts-martial. Military trial and defense counsel shall be detailed to general and special courts-martial. Assistant trial and associate or assistant defense counsel may be detailed.
(c) Other personnel. Other personnel, such as interpreters, bailiffs, clerks, escorts, and orderlies, may be detailed or employed as appropriate but need not be detailed by the convening authority personally.