2021 Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.
Part V - Appointment and Composition of Courts-Martial.
Section 31-2A-26 - (Article 26.) Military Judge of a General or Special Court-Martial.
Section 31-2A-26
(Article 26.) Military judge of a general or special court-martial.
(a) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
(b) A military judge shall be all of the following:
(1) An active or retired commissioned officer.
(2) A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five years.
(3) Either a certified military judge or a judge of a court of competent jurisdiction who is approved by the Adjutant General.
(c) In the instance when a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the state judge advocate setting forth such qualifications provided in subsection (b) and with notice and approval of the State Bar and Chief Justice of the Alabama Supreme Court.
(d) The military judge of a general or special court-martial shall be designated by the state judge advocate, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.
(e) No person is eligible to act as military judge in a case if that person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.
(f) 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 vote with the members of the court.
(Act 2012-334, p. 790, §1; Act 2017-260, §1.)
