Utah Code 39A-5-213. Military court — Challenge for cause — Peremptory challenge
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(1) The military judge and members of a military court may be challenged by the accused or the trial counsel for cause stated to the court. The military judge of the court shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one member at a time. Challenges by the trial counsel shall be presented and decided before those by the accused are offered, unless the judge determines otherwise.
Terms Used In Utah Code 39A-5-213
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Each accused and the trial counsel are entitled to one peremptory challenge, but the military judge may not be challenged except for cause. The military judge in his or her discretion may grant additional peremptory challenges where appropriate.