Challenge to Trial Commissioners
In any case within the time specified in the notice, the accused shall make and serve an answer to the complaint, and he may at the same time challenge one or more of the trial commissioners named in the notice for bias, actual or implied, consanguinity, affinity, association in business, or otherwise.
1. The complainant likewise and for the same reasons may challenge any trial commissioner within the time specified in said notice.
2. If the complaint has been served on the accused pursuant to the provisions of Regulation 91-12, and the accused files an answer denying the charges and specifications contained in the complaint, this Chapter shall apply to the challenge of trial commissioners thereafter appointed by the Judge Advocate.
A challenge to a trial commissioner shall be in writing stating the reasons and facts upon which the allegation of bias or other cause is predicated, which reasons or facts shall be certified by the challenger to be pertinent and substantially true. Five copies of the challenge shall be filed with the Judge Advocate.
Within five days after the receipt of a challenge to a trial commissioner, the Judge Advocate shall furnish a copy thereof to the trial commissioner against whom the same is directed, who shall forward to the Judge Advocate his reply thereto.
The Judge Advocate in his discretion may sustain or overrule a challenge to a trial commissioner. If he overrules a challenge, the effect shall be the same as if no challenge had been made. If he sustains the challenge, he shall name a substitute trial commissioner and shall by ordinary first class mail notify the accused and the complainant of such appointment.
1. The accused or the complainant may challenge a substituted trial commissioner provided the challenge is received by the Judge Advocate within ten days after the mailing of the notice of the substitution provided for in Regulation 92-4, but no more than three trial commissioners may be challenged by either the complainant or the accused.
2. When all challenges to trial commissioners have been concluded, the Judge Advocate shall cause all parties to be served with notice of the final appointment of the trial commissioners.