§ 31-2A-26a — Military Judge of a Special Court-Martial

Alabama § 31-2A-26a

• Jurisdiction: Alabama
• Title 31: Military Affairs and Civil Defense
• Ch. 2A: Military Justice
• Part V: Appointment and Composition of Courts-Martial

Text

(a) A military judge shall be detailed to each special court-martial. The military judge shall preside over each open session of the special court-martial to which the military judge has been detailed.
(b) A military judge shall be both of the following:
(1) A judge advocate who is a member in good standing of the Alabama National Guard.
(2) A member in good standing of the State Bar of Alabama for at least five years.
(c) The military judge of a special court-martial shall be designated by a state staff judge advocate, or a designee, for detail by 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 who is detailed, which relates to performance of duty as a military judge.
(d) No individual is eligible to act as military judge in a case if that individual is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.
(e) The military judge of a special court-martial may not consult or communicate with any party, or party’s representative, regarding a matter before him or her except in the presence of the accused, or defense counsel and trial counsel.

Legislative History

(Act 2024-329, §2.)