
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC825]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
               SUBCHAPTER V--COMPOSITION OF COURTS-MARTIAL
 
Sec. 825. Art. 25. Who may serve on courts-martial

    (a) Any commissioned officer on active duty is eligible to serve on 
all courts-martial for the trial of any person who may lawfully be 
brought before such courts for trial.
    (b) Any warrant officer on active duty is eligible to serve on 
general and special courts-martial for the trial of any person, other 
than a commissioned officer, who may lawfully be brought before such 
courts for trial.
    (c)(1) Any enlisted member of an armed force on active duty who is 
not a member of the same unit as the accused is eligible to serve on 
general and special courts-martial for the trial of any enlisted member 
of an armed force who may lawfully be brought before such courts for 
trial, but he shall serve as a member of a court only if, before the 
conclusion of a session called by the military judge under section 
839(a) of this title (article 39(a)) prior to trial or, in the absence 
of such a session, before the court is assembled for the trial of the 
accused, the accused personally has requested orally on the record or in 
writing that enlisted members serve on it. After such a request, the 
accused may not be tried by a general or special court-martial the 
membership of which does not include enlisted members in a number 
comprising at least, one-third of the total membership of the court, 
unless eligible enlisted members cannot be obtained on account of 
physical conditions or military exigencies. If such members cannot be 
obtained, the court may be assembled and the trial held without them, 
but the convening authority shall make a detailed written statement, to 
be appended to the record, stating why they could not be obtained.
    (2) In this article, ``unit'' means any regularly organized body as 
defined by the Secretary concerned, but in no case may it be a body 
larger than a company, squadron, ship's crew, or body corresponding to 
one of them.
    (d)(1) When it can be avoided, no member of an armed force may be 
tried by a court-martial any member of which is junior to him in rank or 
grade.
    (2) When convening a court-martial, the convening authority shall 
detail as members thereof such members of the armed forces as, in his 
opinion, are best qualified for the duty by reason of age, education, 
training, experience, length of service, and judicial temperament. No 
member of an armed force is eligible to serve as a member of a general 
or special court-martial when he is the accuser or a witness for the 
prosecution or has acted as investigating officer or as counsel in the 
same case.
    (e) Before a court-martial is assembled for the trial of a case, the 
convening authority may excuse a member of the court from participating 
in the case. Under such regulations as the Secretary concerned 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 45; Pub. L. 90-632, Sec. 2(7), Oct. 
24, 1968, 82 Stat. 1336; Pub. L. 98-209, Secs. 3(b), 13(c), Dec. 6, 
1983, 97 Stat. 1394, 1408; Pub. L. 99-661, div. A, title VIII, 
Sec. 803(a), Nov. 14, 1986, 100 Stat. 3906.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
825(a)................................  50:589(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
825(b)................................  50:589(b).                            2
5), 64 Stat. 116.
825(c)................................  50:589(c).
825(d)................................  50:589(d).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``commissioned'' is inserted before the 
word ``officer'' for clarity. The word ``is'' is substituted for the 
words ``shall be''.
    In subsections (a), (b), and (c)(1), the words ``with the armed 
forces'' are omitted as surplusage.
    In subsection (b), the word ``is'' is substituted for the words 
``shall be''. The words ``a commissioned'' are substituted for the word 
``an'' for clarity.
    In subsection (c), the words ``member'' and ``members'', 
respectively are substituted for the words ``person'' and ``persons''. 
The words ``of an armed force'' are inserted for clarity.
    In subsection (c)(1), the word ``is'' is substituted for the words 
``shall be''. The word ``before'' is substituted for the words ``prior 
to''. The words ``the accused may not'' are substituted for the words 
``no enlisted person shall'', for clarity. The word ``If'' is 
substituted for the word ``Where''.
    In subsection (c)(2), the word ``means'' is substituted for the 
words ``shall mean''. The words ``Secretary concerned'' are substituted 
for the words ``Secretary of the Department''. The word ``may'' is 
substituted for the word ``shall''. The word ``than'', before the words 
``a body'', is omitted as surplusage.
    In subsection (d)(1), the word ``may'' is substituted for the word 
``shall''. The word ``member'' is substituted for the word ``person''.
    In subsection (d)(2), the word ``is'' is substituted for the words 
``shall be''. The word ``detail'' is substituted for the word 
``appoint'', since the filling of the position involved is not 
appointment to an office in the constitutional sense. The words ``member 
of an armed force'' and ``members of the armed forces'', respectively, 
are substituted for the words ``person'' and ``persons''.


                               Amendments

    1986--Subsec. (c)(1). Pub. L. 99-661 substituted ``has requested 
orally on the record or in writing'' for ``has requested in writing''.
    1983--Subsec. (c)(2). Pub. L. 98-209, Sec. 13(c), struck out ``the 
word'' before `` `unit' ''.
    Subsec. (e). Pub. L. 98-209, Sec. 3(b), added subsec. (e).
    1968--Subsec. (c)(1). Pub. L. 90-632 inserted requirement that an 
accused's request for inclusion of enlisted members on his court-martial 
be made before conclusion of a pre-trial session called by the military 
judge under section 839(a) or before the court is assembled for his 
trial and substituted ``assembled'' for ``convened'' to describe the 
calling together of the court for the trial in provision allowing such 
calling together without requested enlisted members if such members 
cannot be obtained.


                    Effective Date of 1986 Amendment

    Section 803(b) of title VIII of Pub. L. 99-661 provided that: ``The 
amendment made by subsection (a) [amending this section] shall apply 
only to a case in which arraignment is completed on or after the 
effective date of this title.''
    Title VIII of Pub. L. 99-661 effective the earlier of (1) the last 
day of the 120-day period beginning on Nov. 14, 1986; or (2) the date 
specified in an Executive order for such amendment to take effect, see 
section 808 of Pub. L. 99-661, set out as a note under section 802 of 
this title.


                    Effective Date of 1983 Amendment

    Amendment by section 13(c) of Pub. L. 98-209 effective Dec. 6, 1983, 
and amendment by section 3(b) of Pub. L. 98-209 effective first day of 
eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) 
of Pub. L. 98-209, set out as a note under section 801 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 937 of this title.
