§ 12-64-409 - Military judge. - Arkansas Statutes

12-64-409. Military judge.

(a) A military judge shall be detailed to each general court-martial. Subject to such regulations as may be adopted by the Governor, a military judge may be detailed to any special court-martial.

(b) The Governor may prescribe regulations providing for the manner in which military judges are detailed for the courts-martial and for the persons who are authorized to detail military judges for the courts-martial. The military judge shall preside over each open session of the court-martial to which he has been detailed.

(c) A military judge shall be a commissioned officer who is a member of the bar of the highest court of a state or a member of the bar of a federal court and who is certified to be qualified for that duty by the State Judge Advocate.

(d) The military judge of a general court-martial shall be designated by the State Judge Advocate or his designee in accordance with such regulations as may be prescribed under subsection (a) of this section.

(e) Neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed which relates to his performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform those duties only when he is assigned and directly responsible to the State Judge Advocate or his designee and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a general court-martial when those duties are assigned to him by or with the approval of the State Judge Advocate or his designee.

(f) No person shall be eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or as a counsel in the same case.

(g) The military judge of a court-martial may not consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.