Sec. 26.05.470. Military judge of a general or special court-martial.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A senior force judge advocate who is in the same force as the accused, or a designee, shall detail a military judge to a general and special court-martial. The military judge shall preside over an open session of the court-martial to which the military judge has been detailed.

(b)A military judge must be

(1)an active or retired commissioned officer of the militia of a state or of an active or reserve component of the armed forces or another uniformed service of the United States;

(2)licensed to practice law in a state or a member of the bar of a federal court for at least five years;

(3)certified as qualified for duty as a military judge by a senior force judge advocate who is in the same force as the accused.

(c)The convening authority or a staff member of the convening authority may not prepare or review a report concerning the effectiveness, fitness, or efficiency of the military judge detailed to the case that relates to performance of duty as a military judge.

(d)A person may not act as military judge in a case if that person is the accuser or a witness or has acted as investigating officer or 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, or vote with the members of the court-martial.