Page:United States Statutes at Large Volume 97.djvu/1426

 97 STAT. 1394 PUBLIC LAW 98-209—DEC. 6, 1983 MATTERS RELATING TO THE MILITARY JUDGE, COUNSEL, AND MEMBERS OF THE COURT-MARTIAL 10 USC 816. SEC. 3. (a) Section 816(1)(B) (article 16(1)(B)) is amended by insert- ing "orally on the record or" before "in writing". 10 USC 825. (b) Section 825 (article 25) is amended by adding at the end thereof the following new subsection: "(e) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from partici- pating in the case. Under such regulations as the Secretary con- cerned may prescribe, the convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer or to any other principal assistant.". 10 USC 826. (c)(l) Section 826 (article 26) is amended— (A) by striking out subsection (a) and inserting in lieu thereof the following: "(a) A military judge shall be detailed to each general court- martial. Subject to regulations of the Secretary concerned, a Regulations. military judge may be detailed to any special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed for such courts- martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial to which he has been de- tailed.'; and (B) in the first sentence of subsection (c), by striking out "by the convening authority, and, unless" and inserting in lieu thereof "in accordance with regulations prescribed under sub- section (a). Unless". (2) Section 827(a) (article 27(a)) is amended— (A) by striking out "For each" and all that follows through "appropriate." and inserting in lieu thereof the following: "(1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial."; and (B) by designating the sentence beginning "No person who has acted as investigating officer" as paragraph (2) and by striking out "assistant defense counsel" in such sentence and inserting in lieu thereof "assistant or associate defense counsel'. 10 USC 829. (d) Section 829(a) (article 29(a)) is amended by striking out "except for" and all that follows through the period and inserting in lieu thereof the following: "unless excused as a result of a challenge, excused by the military judge for physical disability or other gcwod cause, or excused by order of the convening authority for good cause.". 10 USC 838. (e)(i) Section 838(b)(6) (article 38(b)(6)) is amended by striking out "a convening authority" and inserting in lieu thereof "the person authorized under regulations prescribed under section 827 of this title (article 27) to detail counsel". (2) Paragraph (7) of section 838(b) (article 38(b)(7)) is amended by inserting after the first sentence the following new sentence: "Such 10 USC 827. Regulations.

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