Page:United States Statutes at Large Volume 82.djvu/1379

 82 STAT. ]

PUBLIC LAW 90-632-OCT. 24, 1968

1337

by or with the approval of that Judge Advocate General or his designee. " (d) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has a^ted as investigating officer or a counsel in the same case. "(e) The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court." (10) Section 827 is amended— 7OA Stat. 46. (A) by striking out "law officer" in the second sentence of subsection (a) and inserting in lieu thereof "military judge"; and (B) by redesignating paragraphs (1) and (2) of subsection (c) as paragraphs (2) and (3), respectively, and by inserting a new paragraph (1) as follows: "(1) the accused shall be atforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) si Stat. 546. unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot bne obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained;". (11) Section 829 (article 29) is amended— (A) by striking out "accused has been arraigned" in subsection (a) and inserting "court has been assembled for the trial of the accused" in place thereof; (B) by inserting ", other than a general court-martial composed of a military judge only," after "court-martial" in the first sentence of subsection (b); and by amending the last sentence of subsection (b) to read as follows: "The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides."; (C) by inserting ", other than a special court-martial composed of a military judge only," after "court-martial" in the first sentence of subsection (c); and by amending the last sentence of subsection (c) to read as follows: "The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused and counsel for both sides,"; and (D) by adding the following new subsection at the end thereof: " (d) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 816(1)(B) or (2)(C) of this title (article 16 (1)(B) or (2)(C)), after the detail Ante. p. 1335. of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides." (12) Section 835 (article 35) is amended by striking out the second sentence and inserting the following in place thereof: " I n time of peace no person may, against his objection, be brought to trial, or be

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