
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC826]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
               SUBCHAPTER V--COMPOSITION OF COURTS-MARTIAL
 
Sec. 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90-632, Sec. 2(9), Oct. 
24, 1968, 82 Stat. 1336; Pub. L. 98-209, Sec. 3(c)(1), Dec. 6, 1983, 97 
Stat. 1394.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
826(a)................................  50:590(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
826(b)................................  50:590(b).                            2
6), 64 Stat. 117.
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---------------------------------

    In subsection (a), the words ``a commissioned'' are substituted for 
the word ``an'' for clarity. The words ``of the United States'' are 
omitted as surplusage. The word ``is'' is substituted for the words 
``shall be''. The word ``if'' is substituted for the word ``when''. The 
word ``detail'' is substituted for the word ``appoint'', since the 
filling of the position involved is not appointment to an office in the 
constitutional sense.
    In subsection (b), the word ``may'' is substituted for the word 
``shall''.


                               Amendments

    1983--Subsec. (a). Pub. L. 98-209, Sec. 3(c)(1)(A), amended subsec. 
(a) generally, inserting provision requiring the Secretary concerned to 
prescribe regulations providing for the manner in which military judges 
are detailed for courts-martial and for the persons who are authorized 
to detail military judges for such courts-martial.
    Subsec. (c). Pub. L. 98-209, Sec. 3(c)(1)(B), substituted ``in 
accordance with regulations prescribed under subsection (a). Unless'' 
for ``by the convening authority, and, unless''.
    1968--Pub. L. 90-632 substituted ``military judge'' for ``law 
officer'' and inserted reference to special court-martial.
    Subsec. (a). Pub. L. 90-632 substituted reference to military judge 
for references to law officer and such law officer's requisite 
qualifications, inserted reference to special court-martial and 
regulations of the Secretary concerned governing the convening of a 
special court-martial, inserted provisions directing the military judge 
to preside over the open sessions of the court-martial to which he was 
assigned, and struck out provisions making law officers ineligible in a 
case in which he was the accuser or a witness for the prosecution or 
acted as investigating officer or as counsel.
    Subsecs. (b) to (d). Pub. L. 90-632 added subsecs. (b) to (d). 
Former subsec. (b) redesignated as subsec. (e) and amended.
    Subsec. (e). Pub. L. 90-632 redesignated former subsec. (b) as (e) 
and substituted ``military judge'' for ``law officer'' and struck out 
provision allowing consultation with members of the court on the form of 
the findings as provided in section 839 of this title (article 39).


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, but not to affect the designation or 
detail of a military judge or military counsel to a court-martial before 
that date, see section 12(a)(1), (2) of Pub. L. 98-209, set out as a 
note under section 801 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.


 Statutory References to Law Officer Deemed References to Military Judge

    Section 3(a) of Pub. L. 90-632 provided that: ``Whenever the term 
law officer is used, with reference to any officer detailed to a court-
martial pursuant to section 826(a) (article 26(a)) of title 10, United 
States Code [subsec. (a) of this section], in any provision of Federal 
law (other than provisions amended by this Act [see Short Title of 1968 
Amendment note set out under section 801 of this title] or in any 
regulation, document, or record of the United States, such term shall be 
deemed to mean military judge.''

                  Section Referred to in Other Sections

    This section is referred to in section 801 of this title.
