Title 10, Armed ForcesRelease 119-110
§826a Art. 26a. Military Magistrates
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER V — COMPOSITION OF COURTS-MARTIAL › § 826a
Summary
Military magistrates must be commissioned officers and lawyers in a federal court or a State’s highest court, and the Judge Advocate General must certify they have the education, training, experience, and temperament to serve. Under the Secretary’s rules, they may also be assigned other nonjudicial duties beyond Article 19 or 30a.
Full Legal Text
Title 10, §826a
Armed Forces, Source: USLM XML via OLRC
(a)Qualifications.—
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)Duties.—
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
Sep 22, 2026
Release point: 119-110