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PENNSYLVANIA STATUTES AND CODES

5505 - Military judge of a general or special court-martial.

§ 5505. Military judge of a general or special court-martial. (a) Appointment and eligibility.--The authority convening a general or special court-martial shall appoint as military judge thereof a commissioned officer who is a member of the bar of the Supreme Court of the Commonwealth of Pennsylvania, and who is certified as qualified for such duty by the State Judge Advocate. No person shall be eligible to act as military judge in a case when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. (b) Limitation on powers.--The military judge may not consult with the members of the court, other than on the form of the findings as provided in section 5704 (relating to sessions), except in the presence of the accused, trial counsel, and defense counsel. He shall not vote with the members of the court. Cross References. Section 5505 is referred to in section 5101 of this title.

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