§ 5505. Military judge of a general or special court-martial.

405 words·~2 min read·/pa/title-51/chapter-55/5505

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

(a)General rule.-- 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)Eligibility.-- A military judge shall be:

(1)a judge advocate in the grade of lieutenant colonel or above in the State military forces, a federally recognized judge advocate of the National Guard of another state, a judge advocate of the armed forces of the United States or a retired judge advocate of the State military forces in the grade of lieutenant colonel or above who retired no more than ten years prior to the date of trial;

(2)a member in good standing of the bar of the Supreme Court or the highest court of another state or a member of the bar of a Federal court for at least five years; and

(3)certified as qualified for duty as a military judge by the State Judge Advocate or other appropriate authority after completion of such training and certification required for military judges in any of the armed forces of the United States.

(c)Pro hac vice admission.-- When a military judge is not a member of the bar of the Supreme Court, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the State Judge Advocate setting forth the qualifications required under subsection (b).

(d)Designation.-- The military judge of a general or special court-martial shall be designated by the State Judge Advocate or a designee for detail in 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.

(e)Ineligibility.-- No person is eligible to serve as military judge if the person is the accuser or a witness in the case or has acted as investigating officer or a counsel in the case.

(f)Limitation on powers.-- The military judge may not consult with the members of the court except in the presence of the accused, trial counsel and defense counsel. The military judge shall not vote with the members of the court.

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Cross References. Section 5505 is referred to in section 5102 of this title.

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