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10 U.S.C. § 948m — Number of members; excuse of members; absent and additional members
Federal law — U.S. Code and appendices · legal_authorities
**(a) Number of Members.—**
(1) Except as provided in paragraph (2), a military commission under this chapter shall have at least five primary members and as many alternate members as the convening authority shall detail. Alternate members shall be designated in the order in which they will replace an excused primary member.
(2) In a case in which the accused before a military commission under this chapter may be sentenced to a penalty of death, the military commission shall have the number of primary members prescribed by [section 949m(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949m/c&num=0&edition=prelim).
**(b) Primary Members.—** Primary members of a military commission under this chapter are voting members.
**(c) Alternate Members.—**
(1) A military commission may include alternate members to replace primary members who are excused from service on the commission.
(2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.
**(d) Excuse of Members.—** No primary or alternate member of a military commission under this chapter may be absent or excused after the military commission has been assembled for the trial of a case unless excused—
(1) as a result of challenge;
(2) by the military judge for physical disability or other good cause;
(3) by order of the convening authority for good cause; or
(4) in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.
**(e) Absent and Additional Members.—** Whenever the number of primary members of a military commission under this chapter is redu
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Source file: Laws/federal/codes/united-states-code/title-10/section-948m-number-of-members-excuse-of-members-absent-and-additional-members--410b5a602c.md
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Source location: Title 10, Chapter 47A, § 948m; chapter-47a-military-commissions.md
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**(a) Number of Members.—**
(1) Except as provided in paragraph (2), a military commission under this chapter shall have at least five primary members and as many alternate members as the convening authority shall detail. Alternate members shall be designated in the order in which they will replace an excused primary member.
(2) In a case in which the accused before a military commission under this chapter may be sentenced to a penalty of death, the military commission shall have the number of primary members prescribed by [section 949m(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949m/c&num=0&edition=prelim).
**(b) Primary Members.—** Primary members of a military commission under this chapter are voting members.
**(c) Alternate Members.—**
(1) A military commission may include alternate members to replace primary members who are excused from service on the commission.
(2) Whenever a primary member is excused from service on the commission, an alternate member, if available, shall replace the excused primary member and the trial may proceed.
**(d) Excuse of Members.—** No primary or alternate member of a military commission under this chapter may be absent or excused after the military commission has been assembled for the trial of a case unless excused—
(1) as a result of challenge;
(2) by the military judge for physical disability or other good cause;
(3) by order of the convening authority for good cause; or
(4) in the case of an alternate member, in order to reduce the number of alternate members required for service on the commission, as determined by the convening authority.
**(e) Absent and Additional Members.—** Whenever the number of primary members of a military commission under this chapter is reduced below the number of primary members required by subsection (a) and there are no remaining alternate members to replace the excused primary members, the trial may not proceed unless the convening authority details new members sufficient to provide not less than such number. The trial may proceed with the new members present after the recorded evidence previously introduced before the members has been read to the military commission in the presence of the military judge, the accused (except as provided in [section 949d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949d&num=0&edition=prelim)), and counsel for both sides. An alternate member who was present for the introduction of all evidence shall not be considered to be a new or additional member.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sessions Without Presence of Members.—**
(1) At any time after the service of charges which have been referred for trial by military commission under this chapter, the military judge may call the military commission into session without the presence of the members for the purpose of—
(A) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(B) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members;
(C) if permitted by regulations prescribed by the Secretary of Defense, receiving the pleas of the accused; and
(D) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to [section 949a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949a&num=0&edition=prelim) and which does not require the presence of the members.
(2) Except as provided in subsections (b), (c), and (d), any proceedings under paragraph (1) shall be conducted in the presence of the accused, defense counsel, and trial counsel, and shall be made part of the record.
**(b) Deliberation or Vote of Members.—** When the members of a military commission under this chapter deliberate or vote, only the members may be present.
**(c) Closure of Proceedings.—**
(1) The military judge may close to the public all or part of the proceedings of a military commission under this chapter.
(2) The military judge may close to the public all or a portion of the proceedings under paragraph (1) only upon making a specific finding that such closu
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Federal law — U.S. Code and appendices · legal_authorities
Page 856
TITLE 10—ARMED FORCES
§ 948m
for the military commission, and for the ac-
cused.
(c) TRANSCRIPT; RECORD.—The transcript of a
military commission under this chapter shall be
under the control of the convening authority of
the military commission, who shall also be re-
sponsible for preparing the record of the pro-
ceedings of the military commission.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802,
Oct. 28, 2009, 123 Stat. 2578.)
Editorial Notes
PRIOR PROVISIONS
A prior section 948l, added Pub. L. 109–366, § 3(a)(1),
Oct. 17, 2006, 120 Stat. 2605, related to detail or employ-
ment of reporters and interpreters, prior to the general
amendment of this chapter by Pub. L. 111–84.
§ 948m. Number of members; excuse of members;
absent and additional members
(a) NUMBER OF MEMBERS.—(1) Except as pro-
vided in paragraph (2), a military commission
under this chapter shall have at least five pri-
mary members and as many alternate members
as the convening authority shall detail. Alter-
nate members shall be designated in the order in
which they will replace an excused primary
member.
(2) In a case in which the accused before a
military commission under this chapter may be
sentenced to a penalty of death, the military
commission shall have the number of primary
members prescribed by section 949m(c) of this
title.
(b) PRIMARY MEMBERS.—Primary members of a
military commission under this chapter are vot-
ing members.
(c) ALTERNATE MEMBERS.—(1) A military com-
mission may include alternate members to re-
place primary members who are excused from
service on the commission.
(2) Whenever a primary member is excused
from service on the commission, an alternate
member, if available, shall replace the excused
primary member and the trial may proceed
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