2017 Wisconsin Statutes & Annotations
Chapter 322. Wisconsin code of military justice.
322.026 Article 26 — Military judge of a general or special court-martial.

Universal Citation: WI Stat § 322.026 (2017)

322.026 Article 26 — Military judge of a general or special court-martial.

(1) 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.

(2) A military judge shall meet all of the following qualifications:

(a) Be a commissioned officer of the armed forces of the United States or of a component thereof or a commissioned officer of an organized state military force.

(b) Be an attorney licensed to practice in this state or be a member of the bar of a federal court for at least 5 years.

(c) Be certified as qualified for duty as a military judge by the senior force judge advocate of the same force as the accused.

(3) In the instance when a military judge is not an attorney licensed to practice in this state, the military judge shall be deemed admitted on motion, subject to filing a certificate with the senior force judge advocate of the same force as the accused setting forth the qualifications provided in sub. (2).

(4) The military judge of a general or special court-martial shall be designated by the state senior force judge advocate of the same force as the accused if possible, or otherwise by the senior of the senior force judge advocates, 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.

(5) 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, trial counsel, or defense counsel in the same case.

(6) 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.

History: 2007 a. 200; 2009 a. 179; 2013 a. 201.

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