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35.125 Military judge of a general or special court-martial.
(1)
(2)
(3)
(4)
(5)
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.
A military judge shall be all of the following:
(a) An active or retired commissioned officer of the Judge Advocate General's
Corps;
(b) 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 (5) years; and
(c) A judge certified by the service component Judge Advocate General's Corps,
the senior force judge advocate of the state, or a judge of a court of competent
jurisdiction who is approved by the adjutant general, subject to the order of
succession in subsection (5) of this section. For purposes of this section,
"certified" means the judge advocate certification and assignment as a military
judge upon completion of the Judge Advocate General's Legal Center and
School's military judge training, as referenced in Army Regulation 27-10 or
Structure Manning Decision Review 27-10, paragraphs 1 through 4(b).
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 senior force judge advocate which is the same force as
the accused setting forth the qualifications provided in subsection (2) of this section,
and with notice and approval of the state bar and the Chief Justice of the Kentucky
Supreme Court.
The military judge of a general or special court-martial shall be designated by the
senior force judge advocate which is the same force as the accused, 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.
The senior force judge advocate shall designate the military judge who is currently
assigned to the state military forces and certified as a military judge by his or her
service component of the Judge Advocate General's Corps. If that military judge is
unavailable, then the senior force judge advocate shall designate upon consideration
of this order of succession:
(a) A current member of the state military forces who has been certified as a
military judge by his or her service component of the Judge Advocate
General's Corps;
(b) A current member of the state military forces who is both a judge advocate
and an actively serving judge of a court of competent jurisdiction;
(c) A retired judge advocate of the state military forces who is an actively serving
judge of a court of competent jurisdiction;
(d) Any other military judge certified by his or her service component of the
Judge Advocate General's Corps; or
(e)
(6)
(7)
(8)
(9)
Any other military judge certified by the senior force judge advocate as set out
in Structure Manning Decision Review 27-10.
No person is eligible to act as military judge in a case if that person is the accuser, a
witness, or has acted as investigating officer or a counsel in the same case.
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.
The designation of a military judge shall not be by political appointment. The
designation of a military judge by the senior force judge advocate under subsection
(5) of this section shall ensure uniformity and impartiality, and prevent any
appearance of impropriety. The senior force judge advocate shall assign a military
judge from a predetermined list of military judges.
A military judge does not have to be in the same service as the accused. However,
the court-martial shall be conducted using the implementing regulations and
procedures of the military service of the accused to the extent that they apply and
are not inconsistent with this code. When a service member is tried by a courtmartial convened by a joint commander, the applicable implementing regulations
and procedures of the service of which the accused is a member shall be used to the
extent they apply and are not inconsistent with this code, the state manual for
courts-martial, and their implementing regulations.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 75, sec. 3, effective July 15, 2016. -- Amended
2013 Ky. Acts ch. 32, sec. 27, effective June 25, 2013. -- Amended 1970 Ky. Acts
ch. 56, sec. 16. -- Created 1954 Ky. Acts ch. 99, sec. 24, effective July 1, 1954.
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