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Title 10 — Armed ForcesRelease 119-73not60

§948i Who May Serve on Military Commissions

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 47A— MILITARY COMMISSIONS › Subchapter II— COMPOSITION OF MILITARY COMMISSIONS › § 948i

Last updated Apr 3, 2026|Official source

Summary

Any commissioned officer on active duty may serve on a military commission. That includes reserve or National Guard officers when they are on federal active duty and retired commissioned officers recalled to active duty. The official who creates the commission must pick the officers judged most qualified by age, education, training, experience, length of service, and judicial temperament. Anyone who is the accuser, a prosecution witness, or who acted as an investigator or counsel in the same case may not serve, and the official may excuse a member before the trial.

Full Legal Text

Title 10, §948i

Armed Forces — Source: USLM XML via OLRC

(a)Any commissioned officer of the armed forces on active duty is eligible to serve on a military commission under this chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired commissioned officers recalled to active duty.
(b)When convening a military commission under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligible under subsection (a) who, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a military commission when such member is the accuser or a witness for the prosecution or has acted as an investigator or counsel in the same case.
(c)Before a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 948i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to who may serve on military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.

Reference

Citations & Metadata

Citation

10 U.S.C. § 948i

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60