26-1026. Military judge of a general or
special court-martial
A. A military judge shall be detailed to each general court-martial. Subject to
rules of the adjutant general, a military judge may be detailed to any special
court-martial. The adjutant general shall prescribe rules 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 who is a member in good
standing before the highest court of any state or territory of the United States and who
is certified as a military judge by the state judge advocate.
C. The military judge of a general court-martial shall be designated by the state
judge advocate, or his designee, for detail in accordance with rules prescribed under
subsection A. Unless the court-martial was convened by the governor, 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 duties of a judicial or nonjudicial nature other than those relating to his
primary duty as a military judge of a general court-martial if such duties are assigned
to him by or with the approval of the state judge advocate or his designee.
D. No person is eligible to act as military judge in a case if he is the accuser or
a witness 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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