§826 Art. 26. Military judge of a general or special court-martial

Revised sectionSource (U.S. Code)Source (Statutes at Large) 826(a)826(b)50:590(a).50:590(b).May 5, 1950, ch. 169, § 1 (Art. 26), 64 Stat. 117. 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”.

2016—Subsec. (a). Pub. L. 114–328, § 5184(a), inserted “and special” after “each general” and struck out “Subject to

of the Secretary concerned, a military judge may be detailed to any special court-martial.” before “The military judge”. Subsec. (b). Pub. L. 114–328, § 5184(b), substituted “qualified, by reason of education, training, experience, and judicial temperament, for duty” for “qualified for duty”. Subsec. (c). Pub. L. 114–328, § 5184(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “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

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.” Subsec. (d). Pub. L. 114–328, § 5203(e)(3), substituted “preliminary hearing officer” for “investigating officer”. Subsec. (f). Pub. L. 114–328, § 5184(d), added subsec. (f). Subsec. (g). Pub. L. 114–328, § 5184(e), added subsec. (g). 1983—Subsec. (a). Pub. L. 98–209, § 3(c)(1)(A), amended subsec. (a) generally, inserting provision requiring the Secretary concerned to prescribe

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, § 3(c)(1)(B), substituted “in accordance with

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

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).

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

of 1983 AmendmentAmendment 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.

of 1968 AmendmentAmendment 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 Pub. L. 90–632, § 3(a), Oct. 24, 1968, 82 Stat. 1343, 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

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.”