§ 29:141 — Article 41. Challenges

Louisiana § 29:141

• Jurisdiction: Louisiana
• Title 29: Minerals, Oil and Gas and Environmental Quality

Text

§141. Article 41. Challenges
A.(1) The military judge and the members of a general court-martial may be
challenged by the accused or the trial counsel for cause stated to the court. The military
judge shall determine the relevancy and validity of challenges for cause, and may not receive
a challenge to more than one person at a time. Challenges by the trial counsel shall
ordinarily be presented and decided before those by the accused are offered.
(2) If exercise of a challenge for cause reduces the court below the number of
members required by Article 16 of this Code, all parties shall, notwithstanding Article 29 of
this Code, either exercise or waive any challenge for cause then apparent against the
remaining members of the court before additional members are detailed to the court.
However, peremptory challenges shall not be exercised at that time.
B.(1) Each accused and the trial counsel are entitled initially to one peremptory
challenge of members of the court. The military judge may not be challenged except for
cause.
(2) If exercise of a peremptory challenge reduces the court below the number of
members required by Article 16 of this Code, the parties shall, notwithstanding Article 29
of this Code, either exercise or waive any remaining peremptory challenge, not previously
waived, against the remaining members of the court before additional members are detailed
to the court.
C. Whenever additional members are detailed to the court, and after any challenges
for cause against such additional members are presented and decided, each accused and the
trial counsel are entitled to one peremptory challenge against members not previously subject
to peremptory challenge.

Legislative History

Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.