§ 26 — Military judge of a general or special court-martial

Massachusetts § 26

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title V: MILITIA
• Ch. 33A: MASSACHUSETTS CODE OF MILITARY JUSTICE

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Article 26. Military judge of a general or special court-martial.(a) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.(b) A military judge shall be:(1) an active or retired commissioned officer of an organized state military force;(2) a member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for not less than 5 years; and(3) certified as qualified for duty as a military judge by the senior force judge advocate which is the same force as the accused.(c) If a military judge is not a member of the bar of the highest court of the commonwealth, the military judge shall be considered admitted pro hac vice, subject to filing a certificate with the senior force judge advocate of the same force as the accused, setting forth the qualifications provided in subsection (b).(d) The military judge of a general or special court-martial shall be designated by the senior force judge advocate of the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor a staff member of the convening authority shall prepare or review a report concerning the effectiveness, fitness or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.(e) No person shall act as military judge in a case if that person is the accuser, a witness or has acted as investigating officer or 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 vote with the members of the court.(g) A military judge need not be a member of the same military force or the same branch of the convening authority or accused.