ARTICLE 26A. Military magistrates.
A. Qualifications. A military magistrate:
1. Shall be a member of the bar of a federal court or a member of the bar of the highest court of a state and may be a commissioned officer of the state military forces; and
2. Shall be certified to be qualified, by reason of education, training, experience and judicial temperament, for duty as a military magistrate by the State Judge Advocate.
B. Limitations.
1. Neither the State Judge Advocate nor a senior force component judge advocate shall be detailed or appointed as a military magistrate.
2. When performing the duties provided for in subsection C of Section 17 of this act (Article 30A, subsection C), no person shall be eligible to act as a military magistrate in a case where such person serves as an Assistant Attorney General, district attorney, assistant district attorney or municipal prosecutor who could determine or participate in the determination of whether to prosecute a nonmilitary offense when the act or omission in question could have violated both the Oklahoma Uniform Code of Military Justice and state or local criminal laws.
3. When performing the duties provided for in subsection C of this section, no person shall be eligible to act as a military magistrate in a case where such person served as an Assistant Attorney General, district attorney, assistant district attorney or municipal prosecutor who determined or participated in the determination of whether to prosecute a nonmilitary offense when the act or omission in question could have violated both the Oklahoma Uniform Code of Military Justice and state or local criminal laws.
4. Neither the convening authority nor any member of the staff of the convening authority shall prepare or review any report concerning the effectiveness, fitness or efficiency of a military magistrate so detailed or retained which relates to the military magistrate's performance of duty as a military magistrate.
5. A person shall not act as a military magistrate in any case that he or she is the accuser, a witness or has acted as counsel in the same case.
C. Appellate remand. A military magistrate may be detailed or retained pursuant to this section for purposes of conducting an appellate proceeding on behalf of the Military Court of Appeals ordered pursuant to paragraph 3 of subsection J of Section 866 of Title 44 of the Oklahoma Statutes (Article 66, subsection J, paragraph 3).
D. Duties. In accordance with regulations promulgated by the Adjutant General, in addition to duties when detailed under Section 17 of this act (Article 30A), a military magistrate, who is also a commissioned officer of the state military forces, may be assigned to perform other duties of a nonjudicial nature.
E. The compensation of a military magistrate retained pursuant to this section who is not a member of the Oklahoma National Guard shall be established pursuant to regulations promulgated by the Adjutant General. Such regulations may allow for payment of actual and necessary expenses.
Added by Laws 2021, c. 12, § 16, emerg. eff. April 13, 2021.