Chapter IX · Trial Procedures Through Findings
R.C.M. 911. Randomization and assembly of the court-martial panel
2024 Manual for Courts-Martial, United States
See all changes(a) Prior to assembly of the court-martial, at an open session of the court-martial, the military judge, or a designee thereof, shall randomly assign numbers to the members detailed by the convening authority.
(b) The military judge shall determine, after accounting for any excusals by the convening authority or designee, how many members detailed by the convening authority must be present at the initial session for which members are required. The required number of members shall be present, according to the randomly assigned order determined pursuant to R.C.M. 911(a). The military judge may temporarily excuse any member who has been detailed but is not required to be present.
(c) At the initial session for which members are required, the military judge shall cause the members who are present to be sworn, account on the record for any members who are temporarily excused, and then announce assembly of the court-martial.
(d) The military judge shall ensure any additional member is sworn at the first court session at which the member is present.
Discussion
The members are seated with the president, who is the senior member, in the center, and the other members alternately to the president’s right and left according to rank. If the rank of a member is changed, or if the membership of the court-martial changes, the members should be reseated accordingly. When an accused’s request to be tried by military judge alone is approved, the court-martial is ordinarily assembled immediately following approval of the request. In a special court-martial consisting of a military judge alone under Article 16(c)(2)(A), the court-martial is assembled prior to beginning of the trial on the merits. Assembly of the court-martial is significant because it marks the point after which: 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 request previously approved ( see Article 16, R.C.M. 903(d)); and the accused may no longer request members even with the permission of the military judge, or withdraw from a request for members ( see Article 25(c)(2); R.C.M. 903(d)).