Kentucky Statutes 35.205 – Challenges
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(1) (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 or the court shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one (1) person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
(b) If the exercise of a challenge for cause reduces the court below the minimum number of members required by KRS § 35.075, all parties shall, notwithstanding KRS § 35.145, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed by the court. However, peremptory challenges shall not be exercised at that time.
(2) (a) Each accused and trial counsel is entitled to one (1) peremptory challenge of members of the court. The military judge may not be challenged except for cause.
(b) If the exercise of a peremptory challenge reduces the court below the minimum number of members required by KRS § 35.075, the parties shall, notwithstanding KRS § 35.145, 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 (1) peremptory challenge against members not previously subject to peremptory challenge.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 42, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 27. — Created 1954 Ky. Acts ch. 99, sec. 40, effective July
1, 1954.
(b) If the exercise of a challenge for cause reduces the court below the minimum number of members required by KRS § 35.075, all parties shall, notwithstanding KRS § 35.145, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed by the court. However, peremptory challenges shall not be exercised at that time.
Terms Used In Kentucky Statutes 35.205
- Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- Military judge: means an official of a general and special court-martial detailed in accordance with KRS §. See Kentucky Statutes 35.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) (a) Each accused and trial counsel is entitled to one (1) peremptory challenge of members of the court. The military judge may not be challenged except for cause.
(b) If the exercise of a peremptory challenge reduces the court below the minimum number of members required by KRS § 35.075, the parties shall, notwithstanding KRS § 35.145, 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 (1) peremptory challenge against members not previously subject to peremptory challenge.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 42, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 27. — Created 1954 Ky. Acts ch. 99, sec. 40, effective July
1, 1954.