Okla. Stat. tit. 44, § 44-829

and military judges.

ARTICLE 29. Assembly and impaneling of members; detail of new

members and military judges.

A. 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 subparagraph b of paragraph 1 of subsection B of this

section; or

3. By order of the military judge or the convening authority

for disability or other good cause.

B. 1. Under rules promulgated by the Adjutant General, 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 assembled, are not

impaneled.

2. In a general court-martial, the military judge shall impanel

eight members.

3. In a special court-martial, the military judge shall impanel

four members.

Oklahoma Statutes - Title 44. Militia Page 89

C. In addition to members specified in subsection B of this

section, the military judge shall impanel alternate members, if the

convening authority authorizes alternate members.

D. 1. If, after members are impaneled, the membership of the

court-martial is reduced to:

a. fewer than six members with respect to a general

court-martial, or

b. fewer than four members with respect to a special

court-martial,

the trial may not proceed unless the convening authority 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 of this subsection.

2. The membership referred to in paragraph 1 of this subsection

is as follows:

a. at least six but not more than eight members with

respect to a general court-martial, and

b. four members with respect to a special court-martial.

E. If the military judge is unable to proceed with the trial

because of disability or otherwise, a new military judge shall be

detailed to the court-martial.

F. 1. In the case of new members detailed under subsection D

of this section, 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 subsection E of

this section, 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.