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U.S. Code as of:
01/19/04
Section 826. Art. 26. Military judge of a general or special court-martial
(a) A military judge shall be detailed to each general
court-martial. Subject to regulations of the Secretary concerned, a
military judge may be detailed to any special court-martial. The
Secretary concerned shall prescribe regulations providing for the
manner in which military judges are detailed for such
courts-martial and for the persons who are authorized to detail
military judges for such courts-martial. The 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 the armed
forces who is a member of the bar of a Federal court or a member of
the bar of the highest court of a State and who is certified to be
qualified for duty as a military judge by the Judge Advocate
General of the armed force of which such military judge is a
member.
(c) The military judge of a general court-martial shall be
designated by the Judge Advocate General, or his designee, of the
armed force of which the military judge is a member for detail in
accordance with regulations prescribed under subsection (a). Unless
the court-martial was convened by the President or the Secretary
concerned, neither the convening authority nor any member of his
staff shall prepare or review any report concerning the
effectiveness, fitness, or efficiency of the military judge so
detailed, which relates to his performance of duty as a military
judge. A commissioned officer who is certified to be qualified for
duty as a military judge of a general court-martial may perform
such duties only when he is assigned and directly responsible to
the Judge Advocate General, or his designee, of the armed force of
which the military judge is a member and may perform duties of a
judicial or nonjudicial nature other than those relating to his
primary duty as a military judge of a general court-martial when
such duties are assigned to him by or with the approval of that
Judge Advocate General or his designee.
(d) No person is eligible to act as military judge in a case if
he is the accuser or a witness for the prosecution or has acted as
investigating officer or 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 the
members of the court.
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