Subchapter V · Composition of Courts-Martial
Article 25. Who may serve on courts-martial
2024 Manual for Courts-Martial, United States · Last updated
Recent revisions Summary of changes Cited by (7)(a) Any commissioned officer on active duty is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
(b) Any warrant officer on active duty 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)
(1) Any enlisted member on active duty is eligible to serve on a general or special court-martial for the trial of any other enlisted member.
(2) Before a court-martial with a military judge and members is assembled for trial, an enlisted member who is an accused may personally request, orally on the record or in writing, that—
(A) the membership of the court-martial be comprised entirely of officers; or
(B) enlisted members comprise at least one-third of the membership of the court-martial, regardless of whether enlisted members have been detailed to the court-martial.
(3) Except as provided in paragraph (4), after such a request, the accused may not be tried by a general or special court-martial if the membership of the court-martial is inconsistent with the request.
(4) If, because of physical conditions or military exigencies, a sufficient number of eligible officers or enlisted members, as the case may be, is not available to carry out paragraph (2), the trial may nevertheless be held. In that event, the convening authority shall make a detailed written statement of the reasons for nonavailability. The statement shall be appended to the record.
(d)
(1) Except as provided in paragraph (2) for capital offenses, the accused in a court-martial with a military judge and members shall be sentenced by the military judge. revised · Public Law No. 118-31 (NDAA 2024)
(2) In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)). revised · Public Law No. 118-31 (NDAA 2024)
(3) In a capital case, if the accused is convicted of a non-capital offense, the accused shall be sentenced for such non-capital offense in accordance with section 853(b) of this title (article 53(b)), regardless of whether the accused is convicted of an offense for which the court-martial may sentence the accused to death.
(e)
(1) When it can be avoided, no member of an armed force may be tried by a court-martial any member of which is junior to the member being tried in rank or grade. revised · Public Law No. 118-31 (NDAA 2024)
(2) When convening a court-martial, the convening authority shall detail as members thereof such members of the armed forces as, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a general or special court-martial when the member is the accuser or a witness for the prosecution or has acted as preliminary hearing officer or as counsel in the same case. revised · Public Law No. 118-31 (NDAA 2024)
(3) The convening authority shall detail not less than the number of members necessary to impanel the court-martial under section 829 of this title (article 29).
(4) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable. new · Exec. Order 14130 (Dec. 20, 2024)
(f) 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 Secretary concerned 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.
Cross-referencesCited by 7Cites 4
Cited by
Provisions elsewhere in the Manual whose text cites Article 25. Each link opens the citing provision.
Rules for Courts-Martial
R.C.M. 503(a)(1)(A) — Detailing members, military judge, and counsel, and designating military magistrates
detail qualified persons as members for courts-martial in accordance with the criteria described in Article 25;
…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)).
R.C.M. 912(f)(1)(A) — Challenge of selection of members; examination and challenges of members (25(a))
Is not competent to serve as a member under Article 25(a), (b), or (c);
Uniform Code of Military Justice
…consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
…under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
…consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
Art. 137(a)(3) — Articles to be explained
…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).
Article 25 cites
Provisions named in the text of Article 25. Where the cited provision is on this site, the link opens it.