§826a — Title 10 Armed Forces | U.S. Code

Summary

A military magistrate must be a commissioned officer who meets two requirements: be a lawyer admitted to the bar of a Federal court or the highest court of a State, and be approved by the Judge Advocate General of their service as qualified because of education, training, experience, and judicial temperament. Under rules the Secretary in charge sets, a military magistrate may also be assigned other non‑judicial duties in addition to duties they perform when assigned under sections 819 or 830a (Articles 19 or 30a).

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.

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.

§826a Art. 26a. Military Magistrates