Detailing members, military judge, and

counsel, and designating military magistrates (a) Members. (1) In general. The convening authority shall— (A) detail qualified persons as members for courts- martial; (B) detail not fewer than the number of members required under R.C.M. 501(a), as applicable; and (C) state whether the military judge is— (i) authorized to impanel a specified number of alternate members; or (ii) authorized to impanel alternate members only if, after the exercise of all challenges, excess members remain. (2) Member election by enlisted accused. An enlisted accused may, before assembly, request orally on the record or in writing that the membership of the court- martial to which that accused’s case has been referred be comprised entirely of officers or of at least one-third enlisted members. If such a request is made, the court- martial membership must be consistent with the accused’s request unless eligible members cannot be obtained because of physical conditions or military exigencies. If the appropriate number of members cannot be obtained, the court-martial may be assembled and the members impaneled, and the trial may proceed without them, but the convening authority shall make a detailed written explanation why such members could not be obtained which must be appended to the record of trial. (3) Members from another command or armed force. A convening authority may detail as members of general and special courts-martial persons under that convening authority’s command or made available by their commander, even if those persons are members of an armed force different from that of the convening authority or accused. (4) This subsection does not apply to charges referred to a special court-martial consisting of a military judge alone under Article 16(c)(2)(A). (b) Military judge. in accordance with regulations of (1) By whom detailed. The military judge shall be detailed, the Secretary concerned, by a person assigned as a military judge and directly responsible to the Judge Advocate General or the Judge Advocate General’s designee. The authority to detail military judges may be delegated to persons assigned as military judges. If authority to detail military judges has been delegated to a military judge, that military judge may detail himself or herself as military judge for a court-martial. (2) Record of detail. The order detailing a military judge shall be reduced to writing and included in the record of trial or announced orally on the record at the court-martial. The writing or announcement shall indicate by whom the military judge was detailed. The Secretary concerned may require that the order be reduced to writing. (3) Military judge from a different armed force. A military judge from one armed force may be detailed to a court-martial convened in a different armed force, a combatant command or joint command when permitted by the Judge Advocate General of the armed force of which the military judge is a member. The Judge Advocate General may delegate authority to make military judges available for this purpose. with the consent of the parties, to preside over a special court-martial consisting of a military judge alone under Article 16(c)(2)(A). (c) Counsel. (1) By whom detailed. Trial and defense counsel, assistant trial and defense counsel, and associate defense counsel shall be detailed in accordance with regulations of the Secretary concerned. If authority to detail counsel has been delegated to a person that person may detail himself or herself as counsel for a court-martial. In a capital case, counsel learned in the such cases under R.C.M. law applicable 502(d)(2)(C) shall be assigned in accordance with regulations of the Secretary concerned. to (2) Record of detail. The order detailing a counsel shall be reduced to writing and included in the record of trial or announced orally on the record at the court- martial. The writing or announcement shall indicate by whom the counsel was detailed. The Secretary concerned may require that the order be reduced to writing. (3) Counsel from a different armed force. A person from one armed force may be detailed to serve as counsel in a court-martial in a different armed force, a joint command when combatant command or permitted by the Judge Advocate General of the armed force of which the counsel is a member. The Judge Advocate General may delegate authority to make persons available for this purpose.