Chapter V · Court-Martial Composition and Personnel; Convening Courts-Martial
R.C.M. 505. Changes of members, military judge, and counsel
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (13)(a) In general. Subject to this rule, the members, military judge, military magistrate, and counsel may be changed by an authority competent to detail or designate such persons. Members also may be excused as provided in clause (c)(1)(B)(ii) and subparagraph (c)(2)(A).
Discussion
Changes of the members of the court-martial should be kept to a minimum. If extensive changes are necessary and no session of the court-martial has begun, it may be appropriate to withdraw the charges from one court-martial and refer them to another. See R.C.M. 604
(b) Procedure. When new persons are added as members or counsel or when substitutions are made as to any members or counsel or the military judge or military magistrate, such persons shall be detailed or designated in accordance with R.C.M. 503. An order changing the members of the court-martial, except one which excuses members without replacement, shall be reduced to writing before certification of the record of trial.
Discussion
When members or counsel have been excused and the excusal is not reduced to writing, the excusal should be announced on the record. A member who has been temporarily excused need not be formally reappointed to the court-martial.
(c) Changes of members.
(1) Before assembly.
(A) By convening authority. Before the court-martial is assembled, the convening authority may change the members detailed to the court-martial without showing cause. New members shall be detailed in accordance with R.C.M. 503(a).
(B) By convening authority’s delegate.
(i) Delegation. The convening authority may delegate, under regulations of the Secretary concerned, authority to excuse individual members to the staff judge advocate or legal officer or other principal assistant to the convening authority.
(ii) Limitations. Before the court-martial is assembled, the convening authority’s delegate may excuse members without cause shown; however, no more than one-third of the total number of members detailed by the convening authority may be excused by the convening authority’s delegate in any one court-martial. After assembly the convening authority’s delegate may not excuse members.
(2) After assembly.
(A) Excusal. After assembly no member may be excused, except:
(i) By the convening authority for good cause shown on the record;
(ii) By the military judge for good cause shown on the record;
(iii) As a result of challenge under R.C.M. 912; or
(iv) By the military judge when the number of members is in excess of the number of members required for impanelment.
Discussion
R.C.M. 912A sets forth the procedures for excusing excess members.
(B) New members. In accordance with R.C.M. 503(a), new members may be detailed after assembly only when, as a result of excusals under R.C.M. 505(c)(2)(A), the number of members of the court-martial is reduced below the number of members required under R.C.M. 501(a), or the number of enlisted members, when the accused has made a timely written request for enlisted members, is reduced below one-third of the total membership.
(d) Changes of detailed counsel.
(1) Trial counsel. An authority competent to detail trial counsel may change trial counsel and any assistant trial counsel at any time without showing cause.
(2) Defense counsel.
(A) Before formation of attorney-client relationship. Before an attorney-client relationship has been formed between the accused and detailed defense counsel or associate or assistant defense counsel, an authority competent to detail defense counsel may excuse or change such counsel without showing cause.
(B) After formation of attorney-client relationship. After an attorney-client relationship has been formed between the accused and detailed defense counsel or associate or assistant defense counsel, an authority competent to detail such counsel may excuse or change such counsel only:
(e) Change of military judge or military magistrate.
(1) Before assembly. Before the court-martial is assembled, the military judge or military magistrate may be changed by an authority competent to detail the military judge or to designate the military magistrate, without cause shown on the record.
(2) After assembly. After the court-martial is assembled, the military judge or military magistrate may be changed by an authority competent to detail the military judge or to designate the military magistrate only when, as a result of disqualification under R.C.M. 902 or for good cause shown, the previously detailed military judge or previously designated military magistrate is unable to proceed.
Discussion
A change in the military magistrate after assembly does not require the consent of the parties. See R.C.M. 503.
(f) Good cause. For purposes of this rule, “good cause” includes physical disability, military exigency, and other extraordinary circumstances which render the member, counsel, or military judge or military magistrate unable to proceed with the court-martial within a reasonable time. “Good cause” does not include temporary inconveniences which are incident to normal conditions of military life.
Cross-referencesCited by 13Cites 9
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 505. Each link opens the citing provision.
Rules for Courts-Martial
Excusal or withdrawal. Except as otherwise provided in R.C.M. 505(d)(2) and paragraph (b)(3) of this rule, defense counsel may be excused only with the express consent of the…
When a new military judge is detailed under R.C.M. 505(e)(2) after the presentation of evidence on the merits has begun in a trial before a military judge alone, trial…
R.C.M. 804(c)(1) — Presence at court-martial proceedings
…under R.C.M. 911(b); examination of members under R.C.M. 912(d); when the member has been excused under R.C.M. 505, 912(f), or 912A; as otherwise provided in R.C.M. 1104(d)(1); or as otherwise provided in this Manual.
Discussion under R.C.M. 804(c)(1) — Presence at court-martial proceedings
See R.C.M. 501 and R.C.M. 505 concerning the minimum number of members and the procedures to follow when members are dismissed.
…is not warranted and that the accused’s right to be adequately represented would not be impaired. See R.C.M. 502(d)(5), 505(d)(2), and 506(c) concerning withdrawal or substitution of counsel. See R.C.M. 506(d) concerning the right of the accused to…
…judge should ascertain on the record whether the accused objects to a change of defense counsel. See R.C.M. 505(d)(2) and 506(c). See R.C.M. 502(d)(2)(C) regarding qualifications of counsel learned in the law applicable to capital cases.
…the accused will be tried by a court-martial composed of members as specified by the convening order. See R.C.M. 505(c) concerning changing members prior to assembly.
Discussion under R.C.M. 911(d) — Randomization and assembly of the court-martial panel
…substitution of the members and military judge may no longer take place without good cause ( see Article 29, R.C.M. 505, 902, 912); the accused may no longer, as a matter of right, request trial by military judge alone or withdraw such a…
R.C.M. 912(g)(3) — Challenge of selection of members; examination and challenges of members (505(c)(2)(B))
…in this subsection shall bar the exercise of a peremptory challenge against a member newly detailed under R.C.M. 505(c)(2)(B), even if presentation of evidence on the merits has begun.
Discussion under R.C.M. 912(g)(3) — Challenge of selection of members; examination and challenges of members
…should be adjourned and the convening authority notified so that new members may be detailed. See R.C.M. 505. See also R.C.M. 805(d) concerning other procedures when new members are detailed.
R.C.M. 1104(d)(1) — Post-trial motions and proceedings
Personnel. The requirements of R.C.M. 505 and 805 shall apply at post-trial sessions except that, for good cause, a different military judge may be detailed,…
…at the court-martial concerning whether to waive appellate review unless such counsel has been excused under R.C.M. 505(d)(2)(B).
Substitute counsel. If counsel who represented the accused at the court-martial has been excused under R.C.M. 505(d)(2)(B), substitute defense counsel shall be detailed to advise the accused concerning waiver of appellate rights.
R.C.M. 505 cites
Provisions named in the text of R.C.M. 505. Where the cited provision is on this site, the link opens it.