Page:United States Statutes at Large Volume 70A.djvu/105

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47

47 (c) In the case of a special court-martial— (1) if the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualilied; and (2) if the trial counsel is a judge advocate, or a law specialist, or a member of the bar of a Federal court or the highest court of a State, the defense counsel detailed by the convening authority must be one of the foregoing. § 828. Art. 28. Detail or employment of report e r s and i n t e r p r e t e r s Under such regulations as the Secretary concerned may prescribe, the convening authority of a court-martial, military commission, or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court or commission. Under like regulations the convening authority of a court-martial, military commission, or court of inquiry may detail or employ interpreters who shall interpret for the court or commission. § 829. A r t. 29. Absent and additional members (a) No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause. (b) Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. Wlien the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the law officer, the accused, and counsel. (c) Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial shall proceed as if no evidence had previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel. SUBCHAPTER VI.—PRE-TEIAL PROCEDURE Sec. Art.

830. 30. Charges and specifications. 831. 31. Compulsory self-incrimination prohibited. 832. 32. Investigation. 833. 33. Forwarding of charges. 834. 34. Advice of stafT Judge advocate and reference for trial. 835. 35. Service of charges. § 830. Art. 30. Charges and specifications (a) Charges and specifications shall be signed by a person subject to this chapter under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state— (1) that the signer has personal knowledge of, or has investigated, the matters set forth therein; and