10 U.S.C. § 841 — Art. 41. Challenges

Page 757 TITLE 10—ARMED FORCES § 842 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 840 .......... 50:615. May 5, 1950, ch. 169, § 1 (Art. 40), 64 Stat. 121. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 substituted ‘‘summary court- martial’’ for ‘‘court-martial without a military judge’’. 1968—Pub. L. 90–632 inserted reference to military judge. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 841. Art. 41. Challenges (a)(1) The military judge and members of a general or special court-martial may be chal- lenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the ac- cused are offered. (2) If exercise of a challenge for cause reduces the court below the number of members required by section 816 of this title (article 16), all parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any chal- lenge for cause then apparent against the re- maining members of the court before additional members are detailed to the court. However, pe- remptory challenges shall not be exercised at that time. (b)(1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause. (2) If exercise of a peremptory challenge re- duces the court below the number of members required by section 816 of this title (article 16), the parties shall (notwithstanding section 829 of this title (article 29)) either exercise or waive any remaining peremptory challenge (not pre- viously waived) against the remaining members of the court before additional members are de- tailed to the court. (c) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to pe- remptory challenge. (Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(17), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 101–510, div. A, title V, § 541(b)–(d), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 111–383, div. A, title X, § 1075(b)(13), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 114–328, div. E, title LVII, § 5224, Dec. 23, 2016, 130 Stat. 2909.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 841(a) ...... 841(b) ...... 50:616(a). 50:616(b). May 5, 1950, ch. 169, § 1 (Art. 41), 64 Stat. 121. In subsection (a), the word ‘‘may’’ is substituted for the word ‘‘shall’’ before the words ‘‘not receive’’. In subsection (b), the word ‘‘the’’ is inserted before the word ‘‘trial’’. The word ‘‘is’’ is substituted for the words ‘‘shall be’’. The word ‘‘may’’ is substituted for the word ‘‘shall’’. Editorial Notes AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–328, § 5224(1), struck out ‘‘, or, if none, the court,’’ before ‘‘shall determine’’. Subsec. (a)(2). Pub. L. 114–328, § 5224(2), struck out ‘‘minimum’’ after ‘‘below the’’. Subsec. (b)(2). Pub. L. 114–328, § 5224(3), struck out ‘‘minimum’’ after ‘‘below the’’. 2011—Subsec. (c). Pub. L. 111–383 substituted ‘‘trial counsel’’ for ‘‘trail counsel’’. 1990—Subsec. (a). Pub. L. 101–510, § 541(b), designated existing provision as par. (1) and added par. (2). Subsec. (b). Pub. L. 101–510, § 541(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.’’ Subsec. (c). Pub. L. 101–510, § 541(d), added subsec. (c). 1968—Subsec. (a). Pub. L. 90–632, § 2(17)(A), (B), in- serted reference to the military judge and struck out references to the law officer of a general court-martial. Subsec. (b). Pub. L. 90–632, § 2(17)(C), substituted ‘‘military judge’’ for ‘‘law officer’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–510 applicable only to court-martial convened on or after Nov. 5, 1990, see sec- tion 541(e) of Pub. L. 101–510, set out as a note under section 839 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 842. Art. 42. Oaths (a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for