{"data":{"id":"us-ky/krs-35.145","jurisdiction":"us-ky","citation":"KRS 35.145","heading":"Absent and additional members.","body":"(1) No member of a general or special court-martial shall be absent or excused after the\ncourt has been assembled for the trial of the accused unless excused as a result of a\nchallenge, excused by the military judge for physical disability or other good cause,\nor excused by order of the convening authority for good cause.\n(2) Whenever a general court-martial, other than a general court -martial composed of a\nmilitary judge only, is reduced below five (5) members, the trial may not proceed\nunless the convening authority details new members sufficient in number to provide\nnot less than the applicable minimum number of five (5) members. The trial may\nproceed with the new members present after the recorded evidence previously\nintroduced before the members of the cour t has been read to the court in the\npresence of the military judge, the accused, and counsel for both sides.\n(3) Whenever a special court -martial, other than a special court -martial composed of a\nmilitary judge only, is reduced below three (3) members, the  trial may not proceed\nunless the convening authority details new members sufficient in number to provide\nnot less than three (3) members. The trial shall proceed with the new members\npresent as if no evidence has been introduced previously at the trial, u nless a\nverbatim record of the evidence previously introduced before the members of the\ncourt or a stipulation thereof is read to the court in the presence of the military\njudge, the accused, and counsel for both sides.\n(4) If the military judge of a court -martial composed of a military judge only is unable\nto proceed with the trial because of physical disability, as a result of a challenge, or\nfor other good cause, the trial shall proceed, subject to any applicable conditions in\nKRS 35.075(1)(b) or (2)(b), after the detail of a new military judge as if no evidence\nhad previously been introduced, unless a verbatim record of the evidence previously\nintroduced or a stipulation thereof is read in court in the presence of the new\nmilitary judge, the accused, and counsel for both sides.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41904","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"053f45c8d479ad0474dd0eb22b774b34f72bc4f858db58ca32c32dfd9e022b78","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.140","next":"us-ky/krs-35.150"},"notice":"GroundRules: Original legal text. Not legal advice."}