Page:United States Statutes at Large Volume 82.djvu/1381

 82 STAT. ]

PUBLIC LAW 90-632-OCT. 24, 1968

1339

These proceedings 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. " (b) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and, in cases in which a military judge has been detailed to the court, the military judge." (10) Section 840 (article 40) is amended to read as follows: 70A Stat. si. "§ 840. Art. 40. Continuances "The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just." (17) Section 841 (article 41) is amended— (A) by amending the first sentence of subsection (a) to read as follows: "The military judge and memibers of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court."; (B) by striking out the word "court" in the second sentence of subsection (a) and inserting the words "military judge, or, if none, the court," in place thereof; and (C) by striking out "law officer" in subsection (b) and inserting in lieu thereof "military judge". (18) Section 842(a) (article 42(a)) is amended to read as follows: "(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense comisel, assistant 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 all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant defense counsel may be taken at any time by any judge advocate, law specialist, or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate, law specialist, or other i:)erson is detailed to that duty." (19) Section 845 (article 45) is amended— (A) by striking out the words "arraigned before a courtmartial" in subsection (a) and inserting the words "after arraignment" in place thereof; and (B) by amending subsection (b) to read as follows: " (b) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary concerned, be entered immediately without vote. This finding shall constitute the finding of the court unless

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