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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2017 · Sec. 5184

Sec. 5184. DETAILING, QUALIFICATIONS, AND OTHER MATTERS RELATING TO MILITARY JUDGES

511 words·~2 min read·/statute-compilations/comps-13740/sec-5184

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## SEC. 5184 DETAILING, QUALIFICATIONS, AND OTHER MATTERS RELATING TO MILITARY JUDGES ###
(a)Detail to Special Courts-martial Subsection
(a)of section 826 of title 10, United States Code (article 26 of the Uniform Code of Military Justice), is amended— ####
(1)in the first sentence, by inserting after “each general” the following: “and special”; and ####
(2)by striking the second sentence. ###
(b)Qualifications Subsection
(b)of such section (article) is amended by striking “qualified for duty” and inserting “qualified, by reason of education, training, experience, and judicial temperament, for duty”. ###
(c)Detail and Assignment Subsection
(c)of such section (article) is amended to read as follows: > > ### “(c) > > > ####
(1)> > In accordance with regulations prescribed under subsection (a), a military judge of a general or special court-martial shall be designated for detail by the Judge Advocate General of the armed force of which the military judge is a member. > > > #### “(2) > > Neither the convening authority nor any member of the staff 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 the military judge’s performance of duty as a military judge. > > > #### “(3) > > A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial— > > > ##### “(A) > > may perform such duties only when the officer is assigned and directly responsible to the Judge Advocate General of the armed force of which the military judge is a member; and > > > ##### “(B) > > may perform duties of a judicial or nonjudicial nature other than those relating to the officer’s primary duty as a military judge of a general court-martial when such duties are assigned to the officer by or with the approval of that Judge Advocate General. > > > #### “(4) > > In accordance with regulations prescribed by the President, assignments of military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.” > . ###
(d)Detail to a Different Armed Force Such section (article) is further amended by adding at the end the following new subsection: > > ### “(f) > > A military judge may be detailed under subsection
(a)to a court-martial or a proceeding under section 830a of this title (article 30a) that is convened in a different armed force, when so permitted by the Judge Advocate General of the armed force of which the military judge is a member.” > . ###
(e)Chief Trial Judges Such section (article), as amended by subsection (d), is further amended by adding at the end the following new subsection: > > ### “(g) > > In accordance with regulations prescribed by the President, each Judge Advocate General shall designate a chief trial judge from among the members of the applicable trial judiciary.” > .
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