Section 26: Military judge of a general or special court-martial

340 words·~2 min read·/ma/part-i/title-v/chapter-33a/26

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

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:

(1)an active or retired commissioned officer of an organized state military force;

(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 not less than 5 years; and

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

(c)If a military judge is not a member of the bar of the highest court of the commonwealth, the military judge shall be considered admitted pro hac vice, subject to filing a certificate with the senior force judge advocate of the same force as the accused, setting forth the qualifications provided in subsection (b).

(d)The military judge of a general or special court-martial shall be designated by the senior force judge advocate of the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor a staff member of the convening authority shall prepare or review a 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 shall act as military judge in a case if that person is the accuser, a witness or has acted as investigating officer or 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.

(g)A military judge need not be a member of the same military force or the same branch of the convening authority or accused.