§ 127A-50.1. Military judges.

445 words·~2 min read·/nc/chapter-127a/127a-50-1

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

(a)The Adjutant General shall appoint military judges to preside over courts-martial of the North Carolina National Guard not in federal service. Minimum requirements for appointment as a military judge are as follows:

(1)Repealed by Session Laws 2025-51, s. 8(b), effective July 2, 2025, and applicable to military judges serving on or after that date, except the requirements of G.S. 127A 50.1, as amended by Section 8(b) of Session Laws 2025-51 only apply to appointments made on or after that date.

(2)Designation as a judge advocate by the Judge Advocate General of the United States Army, Navy, Air Force, Marines, or Coast Guard.

(3)Membership in the North Carolina National Guard.

(4)A member in good standing of the bar of the highest court of this State.

(5)Hold the rank of lieutenant colonel or above.

(b)The Adjutant General or the Staff Judge Advocate may detail military judges for all purposes for which military judges may be detailed, except that only those certified as a military judge by the Judge Advocate General of the United States Army, Air Force, Navy, Marines, or Coast Guard may preside over a general or special court-martial.

(c)Nothing in this section shall preclude the detailing of a military judge from another component of the Armed Forces of the United States made available for detail, provided that such military judge has been certified by the Judge Advocate General from the military judge's component of the Armed Forces of the United States. The Adjutant General shall detail such military judge with the advice of the Staff Judge Advocate.

(d)Military judges for the Army National Guard and the Air National Guard may preside over courts-martial of the other; provided, however, the Adjutant General shall obtain the advice of the Staff Judge Advocate from the military judge's branch of service before the judge is detailed.

(e)Military judges appointed by the Adjutant General may issue investigative subpoenas as authorized under the Uniform Code of Military Justice and pursuant to such rules and regulations as prescribed by the military judge's component of the Armed Forces of the United States and as may be prescribed by the Adjutant General of the North Carolina National Guard. Subpoenas issued under this section shall have the same force and effect as subpoenas issued by the courts of this State. Subpoenas issued under this section may be served by a duly appointed investigating officer, a North Carolina National Guard Provost Marshal or Deputy Provost Marshal, or any sheriff, deputy sheriff, or State or local law enforcement officer. (1987, c. 649, s. 1; 2010-193, s. 5; 2011-195, s. 1(a); 2025-51, s. 8(b).)