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‘‘(2) Neither the convening authority nor any member 
of the staff of the convening authority shall prepare or 
review any report concerning the effectiveness, fitness, or 
efficiency of the military judge so detailed, which relates 
to the military judge’s performance of duty as a military 
judge. 
‘‘(3) A commissioned officer who is certified to be 
qualified for duty as a military judge of a general court- 
martial— 
‘‘(A) may perform such duties only when the of-
ficer is assigned and directly responsible to the 
Judge Advocate General of the armed force of which 
the military judge is a member; and 
‘‘(B) may perform duties of a judicial or non-
judicial nature other than those relating to the offi-
cer’s primary duty as a military judge of a general 
court-martial when such duties are assigned to the 
officer by or with the approval of that Judge Advo-
cate General. 
‘‘(4) In accordance with regulations prescribed by the 
President, assignments of military judges under this sec-
tion (article) shall be for appropriate minimum periods, 
subject to such exceptions as may be authorized in the 
regulations.’’. 
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(d) DETAIL TO A DIFFERENT ARMED FORCE.—Such 
section (article) is further amended by adding at the end 
the following new subsection: 
‘‘(f) A military judge may be detailed under sub-
section (a) to a court-martial that is convened in a dif-
ferent armed force, when so permitted by the Judge Advo-
cate General of the armed force of which the military 
judge is a member.’’. 
(e) CHIEF TRIAL JUDGES.—Such section (article), as 
amended by subsection (d), is further amended by adding 
at the end the following new subsection: 
‘‘(g) In accordance with regulations prescribed by the 
President, each Judge Advocate General shall designate 
a chief trial judge from among the members of the applica-
ble trial judiciary.’’. 
SEC. 6405. QUALIFICATIONS OF TRIAL COUNSEL AND DE-
FENSE COUNSEL. 
Section 827 of title 10, United States Code (article 
27 of the Uniform Code of Military Justice), is amended— 
(1) in the first sentence of paragraph (2) of 
subsection (a), by striking ‘‘No person’’ and all that 
follows through ‘‘trial counsel,’’ the first place it ap-
pears and inserting the following: ‘‘No person who, 
with respect to a case, has served as a preliminary 
hearing officer, court member, military judge, mili-
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tary magistrate, or appellate judge, may later serve 
as trial counsel,’’; 
(2) in the first sentence of subsection (b), by 
striking ‘‘Trial counsel or defense counsel’’ and in-
serting ‘‘Trial counsel, defense counsel, or assistant 
defense counsel’’; and 
(3) by striking subsection (c) and inserting the 
following new subsections: 
‘‘(c)(1) Defense counsel and assistant defense counsel 
detailed for a special court-martial shall have the quali-
fications set forth in subsection (b). 
‘‘(2) Trial counsel and assistant trial counsel detailed 
for a special court-martial and assistant trial counsel de-
tailed for a general court-martial must be determined to 
be competent to perform such duties by the Judge Advo-
cate General, under such rules as the President may pre-
scribe. 
‘‘(d) To the greatest extent practicable, in any capital 
case, at least one defense counsel shall, as determined by 
the Judge Advocate General, be learned in the law applica-
ble to such cases. If necessary, this counsel may be a civil-
ian and, if so, may be compensated in accordance with 
regulations prescribed by the Secretary of Defense.’’. 
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SEC. 6406. ASSEMBLY AND IMPANELING OF MEMBERS; DE-
TAIL 
OF 
NEW 
MEMBERS 
AND 
MILITARY 
JUDGES. 
Section 829 of title 10, United States Code (article 
29 of the Uniform Code of Military Justice), is amended 
to read as follows: 
‘‘§ 829. Art. 29. Assembly and impaneling of members; 
detail of new members and military 
judges 
‘‘(a) ASSEMBLY.—The military judge shall announce 
the assembly of a general or special court-martial with 
members. After such a court-martial is assembled, no 
member may be absent, unless the member is excused— 
‘‘(1) as a result of a challenge; 
‘‘(2) under subsection (b)(1)(B); or 
‘‘(3) by order of the military judge or the con-
vening authority for disability or other good cause. 
‘‘(b) IMPANELING.—(1) Under rules prescribed by 
the President, the military judge of a general or special 
court-martial with members shall— 
‘‘(A) after determination of challenges, impanel 
the court-martial; and 
‘‘(B) excuse the members who, having been as-
sembled, are not impaneled. 
‘‘(2) In a general court-martial, the military judge 
shall impanel— 
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‘‘(A) 12 members in a capital case; and 
‘‘(B) eight members in a noncapital case. 
‘‘(3) In a special court-martial, the military judge 
shall impanel four members. 
‘‘(c) ALTERNATE MEMBERS.—In addition to mem-
bers under subsection (b), the military judge shall impanel 
alternate members, if the convening authority authorizes 
alternate members. 
‘‘(d) DETAIL OF NEW MEMBERS.—(1) If, after mem-
bers are impaneled, the membership of the court-martial 
is reduced to— 
‘‘(A) fewer than 12 members with respect to a 
general court-martial in a capital case; 
‘‘(B) fewer than six members with respect to a 
general court-martial in a noncapital case; or 
‘‘(C) fewer than four members with respect to 
a special court-martial; 
the trial may not proceed unless the convening au-
thority details new members and, from among the 
members so detailed, the military judge impanels 
new members sufficient in number to provide the 
membership specified in paragraph (2). 
‘‘(2) The membership referred to in paragraph 
(1) is as follows: 
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‘‘(A) 12 members with respect to a general 
court-martial in a capital case. 
‘‘(B) At least six but not more than eight 
members with respect to a general court-martial 
in a noncapital case. 
‘‘(C) Four members with respect to a spe-
cial court-martial. 
‘‘(e) DETAIL OF NEW MILITARY JUDGE.—If the mili-
tary judge is unable to proceed with the trial because of 
disability or otherwise, a new military judge shall be de-
tailed to the court-martial. 
‘‘(f) EVIDENCE.—(1) In the case of new members 
under subsection (d), the trial may proceed with the new 
members present after the evidence previously introduced 
is read or, in the case of audiotape, videotape, or similar 
recording, is played, in the presence of the new members, 
the military judge, the accused, and counsel for both sides. 
‘‘(2) In the case of a new military judge under sub-
section (e), the trial shall proceed as if no evidence had 
been introduced, unless the evidence previously introduced 
is read or, in the case of audiotape, videotape, or similar 
recording, is played, in the presence of the new military 
judge, the accused, and counsel for both sides.’’. 
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