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This entry was published on 2014-09-22
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SECTION 130.26
Military judge of a general court-martial or special court-martial
Military (MIL) CHAPTER 36, ARTICLE 7, PART 5
§ 130.26. Military judge of a general court-martial or special
court-martial. (a) The authority convening a general court-martial
shall, and, subject to such regulations as may be issued pursuant to
this chapter, the authority convening a special court-martial may,
detail a military judge thereto. A military judge shall preside over
each open session of the court-martial to which he has been detailed.

(b) A military judge shall be a commissioned officer of a force of the
organized militia or a person on the state reserve list or state retired
list who is a member of the bar of this state and who is certified to be
qualified for duty as a military judge by the state judge advocate.

(c) The military judge of a general court-martial shall be designated
by the state judge advocate, or his designee, for detail by the
convening authority. A commissioned officer who is certified to be
qualified for duty as a military judge when performing such duties shall
be assigned and directly responsible to the state judge advocate, or his
designee.

(d) No person is eligible to act as a military judge in a case if he
is the accuser or a witness for the prosecution or has acted as
investigating officer or counsel in the same case.

(e) 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 the defense counsel, nor may he vote with the members of
the court.