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Title 10, Armed ForcesRelease 119-110

§948i Who May Serve on Military Commissions

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47A — MILITARY COMMISSIONS › SUBCHAPTER II — COMPOSITION OF MILITARY COMMISSIONS › § 948i

Last updated Sep 22, 2026|Official source

Summary

Any commissioned officer on active duty can serve on a military commission. That includes reserve officers on active duty, National Guard officers on federal active duty, and retired commissioned officers who are recalled to active duty. The person who starts the commission must pick the officers they think are best qualified by age, education, training, experience, length of service, and temperament. An officer cannot serve if they are the accuser, a prosecution witness, or acted as an investigator or lawyer in the same case. Before the trial begins, the convening official can excuse a chosen member.

Full Legal Text

Title 10, §948i

Armed Forces, Source: USLM XML via OLRC

(a)In General.—
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)Detail of Members.—
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)Excuse of Members.—
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

Sep 22, 2026

Release point: 119-110