Changes of members, military judge,

and counsel (a) 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). (b) 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. (c) Changes of members. (1) Before assembly. (A) By convening authority. Before the court- martial is assembled, the convening authority may change the members of the court-martial without showing cause. (1) General and special courts-martial. (B) By convening authority’s delegate. (A) A convening order for a general or special court-martial shall— (i) designate the type of court-martial; and (ii) detail the members, if any, in accordance with R.C.M. 503(a); (i) 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. II-34 (ii) 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. (2) After assembly. (A) Excusal. After assembly no member may be excused, except: (i) By the convening authority for good cause shown on the record; (ii) By the military judge for good cause shown on the record; (iii) As a result of challenge under R.C.M. 912; or (iv) By the military judge when the number of members is in excess of the number of members required for impanelment. (B) New members. New members may be detailed after assembly only when, as a result of excusals under subparagraph (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. (d) Changes of detailed counsel. (1) Trial counsel. An authority competent to detail trial counsel may change trial counsel and any assistant trial counsel at any time without showing cause. (2) Defense counsel. of (A) Before attorney-client formation 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. 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: formation After (B) of (i) Under R.C.M. 506(b)(3); (ii) Upon request of the accused or application for withdrawal by such counsel under R.C.M. 506(c); or (iii) For other good cause shown on the record (e) Change of military judge or military magistrate (1) 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. (2) 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. (f) 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.