§ 29:126 — Article 26. Military judge of a general or special court-martial

§126. Article 26. Military judge of a general or special court-martial
A. The authority convening a general or a special court-martial shall 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 state military force 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, by reason of education, training, experience, and judicial
temperament, for duty by the state judge advocate.
C.(1) In accordance with rules prescribed under Article 36 of this Code, a military
judge of a general or special court-martial shall be designated for detail by the state judge
advocate.
(2) A commissioned officer who is certified to be qualified for duty as a military
judge of a general court-martial 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 the state judge
advocate.
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, preliminary hearing officer,
or as a 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 defense counsel, nor may he
vote with members of the court.
F. A military judge may be detailed under Subsection A of this Section to a court-martial or a proceeding under Article 30a of this Code that is convened in a different armed
force or another state military force, when so permitted by the state judge advocate.

Legislative History

Acts 1974, No. 621, §1. Amended by Acts 1976, No. 568, §1; Acts 2019, No. 373, §1.