US Laws, Codes, Statutes & Cases

§126.  Article 26.  Military judge of a general or special court-martial

A.  The authority convening a general or a special court-martial shall detail a military judge thereto.  A military judge shall preside over each open session of the court-martial to which he has been detailed.  

B.  A military judge shall be a commissioned officer of a state military force who is a member of the bar of the highest court of a state, or a member of the bar of a federal court, and who is certified to be qualified for such duty by a state judge advocate.  

C.  The military judge of a general or special court-martial shall be designated by the state judge advocate, or his designee, for detail by the convening authority, and, unless the court-martial was convened by the governor neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge.  

D.  No person is eligible to act as a military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or as a counsel in the same case.  

E.  The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with members of the court.

Acts 1974, No. 621, §1.  Amended by Acts 1976, No. 568, §1.