5924.26 Military judge.

OHIO STATUTES AND CODES

(A) The authority convening a general court-martial shall, and, subject to regulations promulgated by the governor, the authority convening a special court-martial may, detail a military judge to preside over each open session of the court-martial.

(B) A military judge shall be a commissioned officer who is a member of the bar of this state, or a member of the bar of a federal court, and who is certified to be qualified for such duty by the state judge advocate.

(C) The military judge of a general or special court-martial shall be designated by the state judge advocate or his designee for detail by the convening authority. Unless the court-martial was convened by the governor, neither the convening authority nor 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 as a military judge of a general court-martial may perform duties other than those relating to his being a military judge of a general court-martial when such duties are assigned to him by or with the approval of the state judge advocate or his designee.

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

(E) 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.

Effective Date: 07-17-1970