Military judge of a general or special court-martial.

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(1) (a) The authority convening a general or special court-martial shall request the state judge advocate general to detail as military judge thereof a commissioned officer who is a member in good standing of the bar of this state. No person is eligible to act as military judge in a case if he or she is the accuser or witness for the prosecution or has acted as investigating officer or as counsel in the same case.

(b) A military judge may be detailed to a court-martial irrespective of military branch when permitted by the state judge advocate.

(2) The military judge may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he or she vote with the members of the court.

Source: L. 83: Entire article added, p. 1171, § 1, effective June 10. L. 2002: Entire section amended, p. 607, § 72, effective May 24. L. 2018: (1) amended, (SB 18-135), ch. 95, p. 746, § 13, effective April 2.


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