- (1) 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 court 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) Both the accused and the trial counsel are entitled to one preemptory challenge, but the military judge may not be challenged except for cause.
- (3) If the exercise of a peremptory challenge or challenge for cause reduces the number of members to fewer than the required number of members for the court-martial as described in section 28-1.3-213, the convening authority shall appoint new members to the court-martial pursuant to section 28-1.3-213.
Source: L. 83: Entire article added, p. 1176, § 1, effective June 10. L. 2025: (3) added, (SB 25-279), ch. 411, p. 2338, § 11, effective September 1.
Editor's note: Section 18(2) of chapter 411 (SB 25-279), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after September 1, 2025.