Clause 86

The accused or where there is more than one accused, each of the accused, about to be tried by a subordinate military court may object, for any reasonable cause, to any member of the court including the president thereof, whether appointed to serve thereon originally or to fill a vacancy caused by the retirement of a member objected to, so that the court may be constituted of members to whom the accused makes no reasonable objection.

Every objection made by an accused to any member shall be submitted to the other members appointed to form the court and if allowed by a majority of the votes of members entitled to vote the objection shall be allowed and the member objected to shall retire and his vacancy may be filled by another member subject to the same right of the accused to object.

If the objection is to the president of a subordinate military court such objection, if allowed by a majority of the other members appointed to form the court, shall be allowed, and the court shall adjourn for the purpose of the appointment of another president by the convening authority.

If the objection is to a member other than the president of a subordinate military court and is allowed by a majority of the votes of the members entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled by another member.

In order to enable an accused to avail himself of his privilege of objecting to any member, the names of the members appointed to form the court shall be read over in the hearing of the accused on their first assembling, and before they are sworn, and the accused shall be asked whether he objects to any of such members, and a like question shall be repeated in respect of any member appointed to serve in lieu of a retiring member.