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50 U.S.C. § 586 to 593 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 586 to 593 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 586, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, prescribed persons who may convene general courts-martial. See [section 822 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section822&num=0&edition=prelim), Armed Forces. Section 587, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, prescribed persons who may convene special courts-martial. See [section 823 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section823&num=0&edition=prelim). Section 588, act May 5, 1950, ch. 169, § 1, 64 Stat. 116, prescribed persons who may convene summary courts-martial. See [section 824 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824&num=0&edition=prelim). Section 589, act May 5, 1950, ch. 169, § 1, 64 Stat. 116, related to persons who may serve on courts-martial. See [section 825 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section825&num=0&edition=prelim). Section 590, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, provided for law officer of a general court-martial. See [section 826 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826&num=0&edition=prelim). Section 591, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, related to appointment of trial counsel and defense counsel. See [section 827 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim). Section 592, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, provided for appointment of reporters and interpreters. See [section 828 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section828&num=0&edition=prelim). Section 593, act May 5

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Source location: Title 50, Chapter 22, § 586 to 593; chapter-022-uniform-code-of-military-justice.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 829 — Art. 29. Assembly and impaneling of members; detail of new members and military judges

**(a) Assembly.—** The military judge shall announce the assembly of a general or special court-martial with members. After such a court-martial is assembled, no member may be absent, unless the member is excused— (1) as a result of a challenge; (2) under subsection (b)(1)(B); or (3) by order of the military judge or the convening authority for disability or other good cause. **(b) Impaneling.—** (1) Under rules prescribed by the President, the military judge of a general or special court-martial with members shall— (A) after determination of challenges, impanel the court-martial; and (B) excuse the members who, having been assembled, are not impaneled. (2) In a general court-martial, the military judge shall impanel— (A) 12 members in a capital case; and (B) eight members in a noncapital case. (3) In a special court-martial, the military judge shall impanel four members. **(c) Alternate Members.—** In addition to members under subsection (b), the military judge shall impanel alternate members, if the convening authority authorizes alternate members. **(d) Detail of New Members.—** (1) If, after members are impaneled, the membership of the court-martial is reduced to— (A) fewer than 12 members with respect to a general court-martial in a capital case; (B) fewer than six members with respect to a general court-martial in a noncapital case; or (C) fewer than four members with respect to a special court-martial; the trial may not proceed unless the convening authority details new members and, from among the members so detailed, the military judge impanels new members sufficient in number to provide the membership specified in paragraph (2). (2) The membership referred to in paragraph (1) is as follows: (A) 12 members with respect to a g

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 828 — Art. 28. Detail or employment of reporters and interpreters

Under such regulations as the Secretary concerned may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission. This section does not apply to a military commission established under chapter 47A of this title.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 827 — Art. 27. Detail of trial counsel and defense counsel

**(a)** (1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial. (2) No person who, with respect to a case, has served as a preliminary hearing officer, court member, military judge, military magistrate, or appellate judge, may later serve as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution. **(b)** Trial counsel, defense counsel, or assistant defense counsel detailed for a general court-martial— (1) must be a judge advocate who is qualified under [section 806(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806/a/1&num=0&edition=prelim) (article 6(a)(1)); and (2) must be certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member. **(c)** (1) Defense counsel and assistant defense counsel detailed for a special court-martial shall have the qualifications set forth in subsection (b). (2) Trial counsel and assistant trial counsel detailed for a special court-martial and assistant trial counsel detailed for a general court-martial must be determined to be competent to perform such dut

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 824 — Art. 24. Who may convene summary courts-martial

**(a)** Summary courts-martial may be convened by— (1) any person who may convene a general or special court-martial; (2) the commanding officer of a detached company, or other detachment of the Army; (3) the commanding officer of a detached squadron or other detachment of the Air Force or a corresponding unit of the Space Force; or (4) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned. **(b)** When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 822 — Art. 22. Who may convene general courts-martial

**(a)** General courts-martial may be convened by— (1) the President of the United States; (2) the Secretary of Defense; (3) the commanding officer of a unified or specified combatant command; (4) the Secretary concerned; (5) the commanding officer of an Army Group, an Army, an Army Corps, a division, a separate brigade, or a corresponding unit of the Army or Marine Corps; (6) the commander of a fleet; the commanding officer of a naval station or larger shore activity of the Navy beyond the United States; (7) the commanding officer of an air command, an air force, an air division, or a separate wing of the Air Force or Marine Corps, or the commanding officer of a corresponding unit of the Space Force; (8) any other commanding officer designated by the Secretary concerned; or (9) any other commanding officer in any of the armed forces when empowered by the President. **(b)** (1) If any such commanding officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered desirable by him. (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 825 — Art. 25. Who may serve on courts-martial

**(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. (2) In a capital case, if the a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 823 — Art. 23. Who may convene special courts-martial

**(a)** Special courts-martial may be convened by— (1) any person who may convene a general court-martial; (2) the commanding officer of a district, garrison, fort, camp, station, Air Force or Space Force military installation, auxiliary air field, or other place where members of the Army, the Air Force, or the Space Force are on duty; (3) the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army; (4) the commanding officer of a wing, group, or separate squadron of the Air Force or a corresponding unit of the Space Force; (5) the commanding officer of any naval or Coast Guard vessel, shipyard, base, or station; the commanding officer of any Marine brigade, regiment, detached battalion, or corresponding unit; the commanding officer of any Marine barracks, wing, group, separate squadron, station, base, auxiliary air field, or other place where members of the Marine Corps are on duty; (6) the commanding officer of any separate or detached command or group of detached units of any of the armed forces placed under a single commander for this purpose; or (7) the commanding officer or officer in charge of any other command when empowered by the Secretary concerned. **(b)** (1) If any such officer is an accuser, the court shall be convened by superior competent authority, and may in any case be convened by such authority if considered advisable by him. (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 826 — Art. 26. Military judge of a general or special court-martial

**(a)** A military judge shall be detailed to each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial to which he has been detailed. **(b)** A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member. **(c)** (1) In accordance with regulations prescribed under subsection (a), a military judge of a general or special court-martial shall be designated for detail by the Judge Advocate General of the armed force of which the military judge is a member. (2) Neither the convening authority nor any member of the staff of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to the military judge’s performance of duty as a military judge. (3) A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial— (A) may perform such duties only when the officer is assigned and directly responsible to the Judge Advocate General of the armed force of which the military judge is a member; and (B) may perform duties of a judicial or nonjudicial nature other than those relating to the officer’s primary duty

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