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KANSAS STATUTES AND CODES
48-2507. (KCMJ Art. 29) Absent and additional members.
48-2507
48-2507. (KCMJ Art. 29) Absent and additional members.(a) No member of a general or special court-martial may be absent or excused aftercourt has been assembled for the trial of the accused unless excused as aresult of a challenge, excused by the military judge for physicaldisability or other good cause, or excused by order of the conveningauthority for good cause.
(b) Whenever a general court-martial, other than one composed of amilitary judge only, is reduced below five members, the trial may notproceed unless the convening authority details new members sufficient innumber to provide not less than five members. The trial may proceed withthe new members present after the recorded evidence previously introducedbefore the members of the court has been read to the court in the presence ofthe military judge, the accused and counsel for both sides.
(c) Whenever a special court-martial, other than a specialcourt-martial composed of a military judge only, is reduced below threemembers, the trial may not proceed unless the convening authority detailsnew members sufficient in number to provide not less than three members.The trial shall proceed with the new members present as if no evidence hadpreviously been introduced at the trial, unless a verbatim record of theevidence previously introduced before the members of the court or astipulation thereof is read to the court in the presence of the militaryjudge, if any, and the accused and counsel for both sides.
(d) If the military judge of acourt-martial composed of a militaryjudge only is unable to proceed with the trial because of physicaldisability, as a result of a challenge or for other good cause, the trialshall proceed, subject to any applicable conditions of K.S.A. 48-2401 andamendments thereto,after the detail of a new military judge as if no evidence had previouslybeen introduced, unless a verbatim record of the evidence previouslyintroduced or a stipulation thereof is read in court in the presence of thenew military judge, the accused and counsel for both sides.
History: L. 1972, ch. 203, § 48-2507;L. 1988, ch. 191, § 21; July 1.