Title 10 — Armed ForcesRelease 119-73

§826a Art. 26a. Military magistrates

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 47— - UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER V— - COMPOSITION OF COURTS-MARTIAL › § 826a

Last updated Apr 6, 2026|Official source

Summary

A military magistrate must be a commissioned officer who is allowed to practice law in a federal court or in the highest court of a State. The Judge Advocate General of the officer’s service must certify that the officer is qualified based on education, training, experience, and judicial temperament. Under rules set by the appropriate Secretary, a military magistrate can also be given other nonjudicial duties, in addition to any duties they have when named under articles 19 or 30a.

Full Legal Text

Title 10, §826a

Armed Forces — Source: USLM XML via OLRC

(a)A military magistrate shall be a commissioned officer of the armed forces who—

(1)is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and

(2)is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military magistrate by the Judge Advocate General of the armed force of which the officer is a member.

(b)In accordance with regulations prescribed by the Secretary concerned, in addition to duties when designated under section 819 or 830a of this title (article 19 or 30a), a military magistrate may be assigned to perform other duties of a nonjudicial nature.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 826a

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73