Chapter IX · Trial Procedures Through Findings
R.C.M. 912A. Impaneling members and alternate members
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (7)(a) In general. After challenges for cause and peremptory challenges are exercised, the military judge of a general or special court-martial with members shall impanel the members based on the order assigned in R.C.M. 911(a), and, if authorized by the convening authority, alternate members, in accordance with the following numerical requirements:
(1) Capital cases. In a general court-martial in which the charges were referred with a special instruction that the case be tried as a capital case, the number of members impaneled, subject to R.C.M. 912A(a)(4), shall be twelve.
(2) General courts-martial. In a general court-martial other than as described in R.C.M. 912A(a)(1), the number of members impaneled, subject to R.C.M. 912A(a)(4), shall be eight.
(3) Special courts-martial. In a special court-martial, the number of members impaneled, subject to R.C.M. 912A(a)(4), shall be four.
(4) Alternate members. A convening authority may authorize the military judge to impanel alternate members. When authorized by the convening authority, the military judge shall designate which of the impaneled members are alternate members in accordance with these rules and consistent with the instructions of the convening authority. Alternate members shall not be notified that they are alternate members until they are excused prior to deliberations on findings.
(A) If the convening authority authorizes the military judge to impanel a specific number of alternate members, the number of members impaneled shall be the number of members required under R.C.M. 912A(a)(1), (2), or (3), as applicable, plus the number of alternate members specified by the convening authority. The military judge shall not impanel the court-martial until the specified number of alternate members has been identified. New members may be detailed in order to impanel the specified number of alternate members.
(B) If the convening authority does not authorize the military judge to impanel a specific number of alternate members, and instead authorizes the military judge to impanel alternate members only if, after the exercise of all challenges, excess members remain, the number of members impaneled shall be the number of members required under R.C.M. 912A(a)(1), (2), or (3) and no more than three alternate members. New members shall not be detailed in order to impanel alternate members.
(b) Enlisted accused. In the case of an enlisted accused, the members shall be impaneled under R.C.M. 912A(a) in such numbers and proportion that—
(1) If the accused elected to be tried by a court-martial composed of at least one-third enlisted members, the membership of the panel includes at least one-third enlisted members; and
(2) If the accused elected to be tried by a court-martial composed of all officer members, the membership of the panel includes all officer members.
(c) Number of members insufficient.
(1) If, after challenges or excusals, the number of detailed members directed to be present by the military judge in accordance with R.C.M. 911(b) is:
(A) fewer than the number of members required for the court-martial under R.C.M. 912A(a), the military judge shall, according to the randomly assigned order determined pursuant to R.C.M. 911(a), determine how many additional detailed members are required and shall direct their presence for member examination in accordance with R.C.M. 912(d).
(B) fewer than the number of members required for the court-martial under R.C.M. 912A(b), the military judge shall, according to the randomly assigned order determined pursuant to R.C.M. 911(a), determine how many additional detailed enlisted members are required and shall direct their presence for member examination in accordance with R.C.M. 912(d).
(d) Impaneling members following the exercise of all challenges. The military judge shall use the following procedures to identify the members who will be impaneled—
(1) In a case in which the accused has elected to be tried by a panel consisting of at least one-third enlisted members under R.C.M. 503(a)(2), the military judge shall:
(3) If the convening authority:
(A) Authorizes the military judge to impanel a specific number of alternate members, the specified number of alternate members shall be identified in numerical order beginning with the lowest remaining random number assigned pursuant to R.C.M. 911(a), after first identifying members under R.C.M. 912A(d)(1) or (2).
(B) Does not authorize the military judge to impanel a specific number of alternate members, and instead authorizes the military judge to impanel alternate members only if, after the exercise of all challenges, excess members remain, alternate members shall be identified in numerical order beginning with the lowest remaining random number assigned pursuant to R.C.M. 911(a), after first identifying the members under 912A(d)(1) or (2). The military judge shall identify no more than three alternate members.
(C) In a case in which the accused has elected to be tried by a panel consisting of at least one-third enlisted members under R.C.M. 503(a)(2), the convening authority may instruct the military judge to prioritize impaneling a specific number of alternate enlisted members before impaneling alternate officer members. These members shall be identified in numerical order beginning with the lowest remaining random number assigned pursuant to R.C.M. 911(a), after first identifying members under 912A(d)(1).
(4) The military judge shall excuse any members not identified as members or alternate members, if any.
Discussion
When the accused has elected to be tried by a panel consisting of at least one-third enlisted members in accordance with R.C.M. 503(a)(2), the military judge is required to identify the minimum number of enlisted members before identifying the remaining members to ensure the number of members required under R.C.M. 501(a), as applicable, is reached. For example, in a general court-martial in which the accused has requested at least one-third enlisted members, there must be at least three enlisted members. If, after the exercise of all challenges, the number of enlisted members is greater than three, the military judge first seats the three enlisted members assigned the three lowest numbers during voir dire. The military judge then seats the next five members, regardless of grade, assigned the lowest numbers. If the convening authority authorized the military judge to impanel alternate members, the military judge would follow this process to identify the authorized number of alternate members. For example, in a court-martial in which the convening authority has authorized the military judge to impanel alternate members, but has not directed that a specific number of alternate members be impaneled, the military judge first seats the number of members required for the court-martial. If three or fewer excess members remain, the military judge identifies all excess members as alternate members. If more than three excess members remain, the military judge then identifies the next three members, regardless of grade, assigned the next lowest numbers as alternate members. All members not seated as members or identified as alternate members are then excused by the military judge.
(e) Lowest number. The lowest number is the number with the lowest numerical value.
Discussion
For example, the following numbers are listed numerically from lowest to highest: 1, 2, 3, and 4.
(f) Announcement. After identifying the members to be impaneled in accordance with this rule, and after excusing any excess members, the military judge shall announce that the members are impaneled.
Cross-referencesCited by 7Cites 8
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 912A. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 501(a)(2)(D) — Composition and personnel of courts-martial
…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…
Discussion under R.C.M. 503(a)(1)(C) — Detailing members, military judge, and counsel, and designating military magistrates
…29. The procedure to be used by the military judge to impanel members and alternate members is specified in R.C.M. 912A.
Discussion under R.C.M. 505(c)(2)(A)(iv) — Changes of members, military judge, and counsel
R.C.M. 912A sets forth the procedures for excusing excess members.
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.
R.C.M. 804(c)(2) — Presence at court-martial proceedings
When after presentation of evidence on the merits has begun, a new member is impaneled under R.C.M. 912A, trial may not proceed unless the testimony and evidence previously admitted on the merits, if recorded…
Discussion under R.C.M. 912(f)(4) — Challenge of selection of members; examination and challenges of members
…numbers are assigned to the members in order to organize and identify the members to be impaneled under R.C.M. 912A.
Discussion under R.C.M. 912(g)(2) — Challenge of selection of members; examination and challenges of members
…an additional preemptory challenge against a detailed member whose presence is directed in accordance with R.C.M. 912A, after examination and challenges for cause. See Article 41(c). If a military judge orders the presence of…
R.C.M. 912A cites
Provisions named in the text of R.C.M. 912A. Where the cited provision is on this site, the link opens it.