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10 U.S.C. § 825 — Art. 25. Who may serve on courts-martial
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_9dc8839717e9de3dcfa5c452
Source file: Laws/federal/codes/united-states-code/title-10/section-825-art-25-who-may-serve-on-courts-martial--670742d862.md
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Source location: Title 10, Chapter 47, § 825; chapter-047-uniform-code-of-military-justice.md
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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853/c&num=0&edition=prelim) (article 53(c)).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853/b&num=0&edition=prelim) (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.
(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.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section829&num=0&edition=prelim) (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.
**(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 the authority of the convening authority under this subsection to the staff judge advocate or legal officer of the convening authority or to any other principal assistant.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, and members of the Space Force on active duty under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipmen.
(3)
(A) While on inactive-duty training and during any of the periods specified in subparagraph (B)—
(i) members of a reserve component or the Space Force; and
(ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service.
(B) The periods referred to in subparagraph (A) are the following:
(i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations.
(ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations.
(iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.
(4) Retired members of a regular component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The three kinds of courts-martial in each of the armed forces are the following:
(1) General courts-martial, as described in subsection (b).
(2) Special courts-martial, as described in subsection (c).
(3) Summary courts-martial, as described in subsection (d).
**(b) General Courts-martial.—** General courts-martial are of the following three types:
(1) A general court-martial 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).
(2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under [section 825a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section825a&num=0&edition=prelim) (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29).
(3) A general court-martial consisting of a military judge alone, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request.
**(c) Special Courts-martial.—** Special courts-martial are of the following two types:
(1) A special court-martial 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).
(2) A special court-martial consisting of a military judge alone—
(A) if the case is so referred, subject to [section 819 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim) (article 19) and such limitations as the President may prescribe by regulation; or
(B)
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to [section 835 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section835&num=0&edition=prelim) (article 35), call the court into session without the presence of the members for the purpose of—
(1) 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;
(2) 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 of the court;
(3) holding the arraignment and receiving the pleas of the accused;
(4) conducting a sentencing proceeding and sentencing the accused under [section 853(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853/b/1&num=0&edition=prelim) (article 53(b)(1)); and
(5) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to [section 836 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section836&num=0&edition=prelim) (article 36) and which does not require the presence of the members of the court.
**(b)** Proceedings under subsection (a) shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of members of the court and without regard to [section 829 of this title](https://uscode.house.gov/view.xhtml?req
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Federal law — U.S. Code and appendices · legal_authorities
### 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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Federal law — U.S. Code and appendices · legal_authorities
Page 738
TITLE 10—ARMED FORCES
§ 825
Editorial Notes
AMENDMENTS
2024—Subsec. (d)(1)(A). Pub. L. 118–159, § 562(1), sub-
stituted ‘‘section 919a (article 119a), section 920 (article
120), section 920a (article 120a),’’ for ‘‘section 920 (arti-
cle 120),’’.
Subsec. (d)(2), (3). Pub. L. 118–159, § 562(2), (3), added
par. (2) and redesignated former par. (2) as (3).
Subsec. (d)(3)(A). Pub. L. 118–159, § 562(4)(A), inserted
‘‘or (2)’’ after ‘‘paragraph (1)’’.
Subsec. (d)(3)(B). Pub. L. 118–159, § 562(4)(B), sub-
stituted ‘‘subsection (c)(2)(A) or paragraph (1) or (2) of
this subsection’’ for ‘‘paragraph (1)’’.
2023—Subsec. (d). Pub. L. 118–31 added subsec. (d).
2022—Subsec. (c)(3). Pub. L. 117–263, § 542(a)(1), sub-
stituted ‘‘Subject to paragraph (5)’’ for ‘‘Subject to
paragraph (4)’’ in introductory provisions.
Subsec. (c)(3)(D). Pub. L. 117–263, § 542(a)(2), sub-
stituted ‘‘an authorized rehearing’’ for ‘‘an ordered re-
hearing’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2023 AMENDMENT
Amendment by Pub. L. 118–31 effective immediately
after amendment by part 1 of subtitle D of title V of
Pub. L. 117–81, see section 531(e) of Pub. L. 118–31, set
out as a note under section 816 of this title.
EFFECTIVE DATE OF 2022 AMENDMENT
Pub. L. 117–263, div. A, title V, § 542(b), Dec. 23, 2022,
136 Stat. 2581, provided that: ‘‘The amendments made
by subsection (a) [amending this section] shall take ef-
fect immediately after the coming into effect of the
amendments made by section 531 of the National De-
fense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1692) [enacting this section] as pro-
vided in section 539C of that Act (10 U.S.C. 801 note).’’
EFFECTIVE DATE
Section effective on the date that is two years after
De
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