Quorum. Article 29, UCMJ
Overview of a quorum. Article 29, UCMJ for panel members:
1. Three members for SPCM, five members for GCM. Ballew v. Georgia, 435 U.S. 223 (1978). “Jury” of less than 6 is unconstitutional (civilian). But see United States v. Wolff, 5 M.J. 923 (N.C.M.R. 1978), pet. denied, 6 M.J. 305 (C.M.A. 1979) (holding Sixth Amendment right to trial by “jury” does not apply to courts-martial); United States v. Hutchinson, 17 M.J. 156 (C.M.A. 1984).
2. Twelve members for capital case. Article 25a, UCMJ requires a minimum of twelve panel members in military capital cases, except in certain circumstances. The change was effective for offenses committed after 31 December 2002.