40.095. Military judge--appointment--qualifications--duties--restrictions. - Missouri Statutes

Military judge--appointment--qualifications--duties--restrictions.

40.095. 1. The authority convening a general or specialcourt-martial shall detail a military judge thereto. A militaryjudge shall preside over each open session of the court-martialto which the judge had been detailed.

2. A military judge shall be a commissioned officer of thenational guard or a retired officer of the reserve components ofthe armed forces of the United States, shall be a member of theMissouri Bar and shall be certified to be qualified for such dutyby the state judge advocate. The state judge advocate mayrecommend to the adjutant general that the adjutant general orderto active duty retired personnel of the United States armedforces who are qualified to act as military judges.

3. No person is eligible to act as military judge in a caseif the person is the accuser or a witness for the prosecution orhas acted as investigation officer or a counsel in the same case.

4. Neither the convening authority nor any member of hisstaff shall prepare or review any report concerning theeffectiveness, fitness or efficiency of a military judge whichrelates to the judge's performance of duty as such. Acommissioned officer who is certified to be qualified for duty asa military judge of a court-martial may perform such duties onlywhen he is assigned and directly responsible to the state judgeadvocate and may perform duties of a judicial or nonjudicialnature other than those relating to the primary duty as amilitary judge of a court-martial when such duties are assignedto him by or with the approval of the state judge advocate. Themilitary judge of a court-martial may not consult with themembers of the court on the form of the findings, except in thepresence of the accused, trial counsel, and defense counsel, normay the judge vote with the members of the court.

(L. 1984 H.B. 1035 § 27)