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

New York § 130.26

• Jurisdiction: New York
• Law MIL: Military
• Part 5: Appointment and Composition of Courts-martial
• Art. 7: Code of Military Justice

Text

§ 130.26. Military judge of a general court-martial or special\ncourt-martial. (a) The authority convening a general court-martial\nshall, and, subject to such regulations as may be issued pursuant to\nthis chapter, the authority convening a special court-martial may,\ndetail a military judge thereto. A military judge shall preside over\neach open session of the court-martial to which he has been detailed.\n (b) A military judge shall be a commissioned officer of a force of the\norganized militia or a person on the state reserve list or state retired\nlist who is a member of the bar of this state and who is certified to be\nqualified for duty as a military judge by the state judge advocate.\n (c) The military judge of a general court-martial shall be designated\nby the state judge advocate, or his designee, for detail by the\nconvening authority. A commissioned officer who is certified to be\nqualified for duty as a military judge when performing such duties shall\nbe assigned and directly responsible to the state judge advocate, or his\ndesignee.\n (d) No person is eligible to act as a military judge in a case if he\nis the accuser or a witness for the prosecution or has acted as\ninvestigating officer or counsel in the same case.\n (e) The military judge of a court-martial may not consult with the\nmembers of the court except in the presence of the accused, trial\ncounsel, and the defense counsel, nor may he vote with the members of\nthe court.\n