39A-5-206. Military judge -- Qualifications -- Designation for detail.

227 words·~1 min read·/ut/title-39a/chapter-5/39a-5-206

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

Effective 5/4/2022

(1)The convening authority of a military court shall, subject to regulations promulgated by the governor, detail a military judge, as designated by the state judge advocate, to preside over each open session of the court.

(2)A military judge shall be:

(a)a commissioned officer;

(b)a member of the Utah State Bar;

(c)a member of the bar of a federal court; and

(d)certified as qualified for duty by the state judge advocate.

(3)Unless the military court is convened by the governor, neither the adjutant general nor the adjutant general's staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the detailed military judge that relates to the judge's performance of duty as a military judge.

(4)An individual is not eligible to act as a military judge in a case if the individual:

(a)is the accuser;

(b)is a witness in the case;

(c)has acted as investigating officer; or

(d)is a counsel in the same case.

(5)The military judge of a court may not:

(a)consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel; or

(b)vote with the members of the court.

Renumbered and Amended by Chapter 373 , 2022 General Session