(a) The military judge and members of a general or special 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 shall 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. Notwithstanding section 124B-31, if exercises of a challenge for cause reduces the court below the number of members required by section 124B-49, all parties shall 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; provided that peremptory challenges shall not be exercised at that time.
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Terms Used In Hawaii Revised Statutes 124B-66

  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Each accused and the trial counsel shall be entitled initially to one peremptory challenge of members of the court. The military judge shall not be challenged except for cause. Notwithstanding section 124B-31, if exercise of a peremptory challenge reduces the court below the number of members required by section 124B-49, the parties shall 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 those members are presented and decided, each accused and the trial counsel shall be entitled to one peremptory challenge against members not previously subject to peremptory challenge.

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