29B.27 - MILITARY JUDGE OF A GENERAL COURT-MARTIAL.
29B.27 MILITARY JUDGE OF A GENERAL COURT-MARTIAL.
The authority convening a general court-martial shall detail a
military judge to the court-martial. Subject to rules of the
adjutant general, the authority convening a special court-martial may
detail a military judge to the court-martial. A military judge shall
preside over each open session of the court-martial to which the
military judge has been detailed.
A military judge must be a commissioned officer of the state armed
forces or a retired officer of the reserve components of the armed
forces of the United States, a member of the bar of a federal court
or a member of the bar of the highest court of the state, and
certified to be qualified for the duty by the appropriate staff judge
advocate of the state force concerned. The judge advocate
responsible for certifying the military judge may recommend to the
adjutant general that the adjutant general order to active duty
retired personnel of the national guard or the United States armed
forces who are qualified to act as military judges.
Unless the court-martial was convened by the governor neither the
convening authority nor any member of the convening authority's staff
shall prepare or review any report concerning the effectiveness,
fitness, or efficiency of the military judge so detailed to perform
the duties of a military judge. A person is not eligible to act as a
military judge in a case if the person is the accuser or a witness
for the prosecution or has acted as investigating officer or as a
counsel in the same case. The military judge of a court-martial
shall not consult with the members of the court except in the
presence of the accused, trial counsel, and defense counsel, nor
shall the military judge vote with members of the court. Section History: Early Form
[C35, § 467-f38; C39, § 467.40; C46, 50, § 29.40; C54, 58, 62,
§ 29.79; C66, 71, 73, 75, 77, 79, 81, § 29B.27; 82 Acts, ch 1042, §
14] Section History: Recent Form
2002 Acts, ch 1117, §44, 52