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HRS §124B-66

Challenging court-martial judges and members

This section explains how the accused and the trial counsel can challenge (object to) the military judge and court members in a court-martial. Challenges for cause are decided by the judge, and each side gets one peremptory challenge. If challenges reduce the court below the required number, the parties must use or give up remaining challenges before new members are added.

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The statute, as written — Challenges

(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. (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.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§124B-31 Types of military courts and who sits on them

§124B-49 How court-martial members are chosen and replaced

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.