§ 12-64-409 — Military judge

(a) A military judge shall be detailed to each general and special court-martial. (b) The military judge shall be a commissioned officer who is a member of the bar of the highest court of a state or a member of the bar of a federal court and who is certified to be qualified for that duty by the State Judge Advocate. (c) The military judge shall be detailed by the State Judge Advocate. (d) Neither the convening authority nor any member of his or her staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed which relates to his or her performance of duty as a military judge. (e) No person shall be eligible to act as military judge in a case if he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as a counsel in the same case. (f) 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 defense counsel, nor may he or she vote with the members of the court.

Legislative History

Amended by Act 2015, No. 1003,§ 16, eff. 7/22/2015. Acts 1969, No. 50, § 72; A.S.A. 1947, § 11-627; Acts 1987, No. 125, § 3.