2005 Minnesota Statutes - 192A.15 — Military judge system.

     192A.15 Military judge system. 


    Subdivision 1.    Establishment.  There is hereby established a 
 military 
 judge system for the state military forces.  The military judge 
 system shall be in the Military Department under the command of 
 the adjutant general.  It shall consist of at least two military 
 judges, a number of legal clerks equal to the number of judges 
 and such additional military staff as is necessary. 


    Subd. 2.    Qualifications of military judge.  A military judge 
 shall be a commissioned officer 
 of the state military forces who has been a member of the bar of 
 this state for at least six years, who has served as a member of 
 the Judge Advocate Generals Corps for not less than three years, 
 and who is certified to be qualified for such duty by the state 
 judge advocate. 


    Subd. 3.    Detail.  A military judge must be detailed 
 to all courts-martial and be designated by the adjutant general, 
 or the adjutant general's designee, for detail by the convening 
 authority.  


    Subd. 4.    Conflicts of interest.  No person is eligible to act 
 as a military judge 
 in a case if that person is the accuser or a witness for the 
 prosecution or has acted as investigating officer or counsel in 
 the same case. 


    Subd. 5.    Limitations.  The military judge of a 
 general or special court-martial may not consult with the 
 members of the court except in the presence of the accused, 
 trial counsel, and defense counsel, if any, nor may the military 
 judge vote with the members of the court. 


    HIST: 1963 c 661 s 192A.15; 1978 c 552 s 15; 1986 c 444; 2002 
 c 308 s 26,27