Summary of changes
R.C.M. 505 — Changes of members, military judge, and counsel
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole R.C.M. in one view.
0 amended
0 added
0 removed
31 unchanged
No changes recorded for this R.C.M. —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
505(a)
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Original text
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).
Current text
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).
505(a)|D
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Original text
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
Current text
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
505(b)
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Original text
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.
Current text
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.
505(b)|D
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Original text
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.
Current text
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.
505(c)
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Original text
Changes of members.
Current text
Changes of members.
505(c)(1)
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Original text
Before assembly.
Current text
Before assembly.
505(c)(1)(A)
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Original text
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).
Current text
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).
505(c)(1)(B)
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Original text
By convening authority’s delegate.
Current text
By convening authority’s delegate.
505(c)(1)(B)(i)
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Original text
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.
Current text
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.
505(c)(1)(B)(ii)
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Original text
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.
Current text
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.
505(c)(2)
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Original text
After assembly.
Current text
After assembly.
505(c)(2)(A)
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Original text
Excusal.
After assembly no member may be excused, except:
Current text
Excusal.
After assembly no member may be excused, except:
505(c)(2)(A)(i)
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Original text
By the convening authority for good cause shown on the record;
Current text
By the convening authority for good cause shown on the record;
505(c)(2)(A)(ii)
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Original text
By the military judge for good cause shown on the record;
Current text
By the military judge for good cause shown on the record;
505(c)(2)(A)(iii)
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Original text
As a result of challenge under R.C.M. 912; or
Current text
As a result of challenge under R.C.M. 912; or
505(c)(2)(A)(iv)
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Original text
By the military judge when the number of members is in excess of the number of members required for impanelment.
Current text
By the military judge when the number of members is in excess of the number of members required for impanelment.
505(c)(2)(A)(iv)|D
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Original text
R.C.M. 912A sets forth the procedures for excusing excess members.
Current text
R.C.M. 912A sets forth the procedures for excusing excess members.
505(c)(2)(B)
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Original text
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.
Current text
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.
505(d)
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Original text
Changes of detailed counsel.
Current text
Changes of detailed counsel.
505(d)(1)
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Original text
Trial counsel.
An authority competent to detail trial counsel may change trial counsel and any assistant trial counsel at any time without showing cause.
Current text
Trial counsel.
An authority competent to detail trial counsel may change trial counsel and any assistant trial counsel at any time without showing cause.
505(d)(2)
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Original text
Defense counsel.
Current text
Defense counsel.
505(d)(2)(A)
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Original text
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.
Current text
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.
505(d)(2)(B)
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Original text
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:
Current text
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:
505(d)(2)(B)(i)
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Original text
Under R.C.M. 506(b)(3);
Current text
Under R.C.M. 506(b)(3);
505(d)(2)(B)(ii)
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Original text
Upon request of the accused or application for withdrawal by such counsel under R.C.M. 506(c); or
Current text
Upon request of the accused or application for withdrawal by such counsel under R.C.M. 506(c); or
505(d)(2)(B)(iii)
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Original text
For other good cause shown on the record
Current text
For other good cause shown on the record
505(e)
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Original text
Change of military judge or military magistrate.
Current text
Change of military judge or military magistrate.
505(e)(1)
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Original text
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.
Current text
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.
505(e)(2)
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Original text
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.
Current text
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.
505(e)(2)|D
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Original text
A change in the military magistrate after assembly does not require the consent of the parties. See R.C.M. 503.
Current text
A change in the military magistrate after assembly does not require the consent of the parties. See R.C.M. 503.
505(f)
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Original text
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.
Current text
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.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.