2005 West Virginia Code - §15-1E-29. — Military judge of a general or special court- martial.

§15-1E-29. Military judge of a general or special court- martial.

(a) The authority convening a general or special court-martial shall appoint as military judge thereof a commissioned officer who is a member of the bar of the supreme court of appeals of West Virginia, and who is certified as qualified for such duty by the state judge advocate. No person shall be eligible to act as military judge in a case when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
(b) The military judge may not consult with the members of the court, other than on the form of the findings as provided in section fifty-four of this article, except in the presence of the accused, trial counsel and defense counsel. He shall not vote with the members of the court.