ARTICLE 26. Military judge of a general or special court-martial.

A. A military judge shall be detailed to each general and special court-martial. The Adjutant General shall promulgate regulations prescribing the manner of selection, certification and detailing of military judges for such general and special courts-martial. The military judge shall preside over each open session of the court-martial to which he or she has been detailed.

B. A military judge shall be a member of the bar of the highest court of a state, or a member of the bar of a federal court.

C. A military judge shall be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge and shall be one of the following:

1. A commissioned officer of the state military forces 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 such duty by the State Judge Advocate;

2. A retired commissioned officer of the state military forces 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 such duty by the State Judge Advocate;

3. A judge advocate in any department of the Armed Forces of the United States serving on active duty within the meaning of Title 10 of the United States Code who is certified to be qualified for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member;

4. A judge presently serving in any judicial district within the State of Oklahoma who possesses at least one (1) year of trial experience and who currently serves or previously served as a judge advocate in any department of the Armed Forces of the United States, to include reserve components of the same;

5. A retired judge or justice who served in any judicial capacity within the judicial department of the State of Oklahoma and who previously served as a judge advocate in any department of the Armed Forces of the United States, to include reserve components of the same;

6. A federal district court judge presently serving in any federal judicial district within the State of Oklahoma who possesses at least one (1) year of trial experience and who previously served as a judge advocate in any department of the Armed Forces of the United States, to include reserve components of the same; or

7. A retired federal district court judge or retired federal appellate court judge who previously served as a judge advocate in any department of the Armed Forces of the United States, to include reserve components of the same.

D. 1. In accordance with regulations prescribed under subsection A of this section, a military judge of a general or special court-martial shall be designated for detail by the senior force component judge advocate of the same force component as the accused.

2. Neither the convening authority nor any member of the staff of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to the military judge's performance of duty as a military judge.

3. A commissioned officer of the state military forces who is certified to be qualified for duty as a military judge of a general court-martial:

a.may perform such duties only when the officer is assigned and directly responsible to the senior force component judge advocate of the force component of which the military judge is a member, and

b.may perform duties of a judicial or nonjudicial nature other than those relating to the officer's primary duty as a military judge of a general court-martial only when such duties are assigned to the officer by or with the approval of that senior force component judge advocate.

4. A commissioned officer of any department of the Armed Forces of the United States serving on active duty within the meaning of Title 10 of the United States Code who, pursuant to the Oklahoma Uniform Code of Military Justice and the regulations promulgated pursuant to subsection A of this section, is certified to be qualified for duty as a military judge of a general court-martial shall not be assigned other duties of a judicial or nonjudicial nature other than those relating to the officer's primary duty as a military judge of a general court-martial, except when such duties are assigned to the officer by or with the approval of the Judge Advocate General of the armed force of which the military judge is a member.

5. In accordance with regulations promulgated by the Adjutant General, assignments of military judges under this section who are members of the state military forces shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.

E. No person is eligible to act as military judge in a case if he or she is the accuser, a witness or has acted as preliminary hearing officer or a counsel in the same case.

F. 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 or she vote with the members of the court.

G. A military judge who is a commissioned officer in the state military forces may be detailed under subsection A of this section to a court-martial or a proceeding under subsection A of Section 830 of this title (Article 30, subsection A) that is convened in a different force component of the state military forces, when so permitted by the senior force component judge advocate of the force component of which the military judge is a member.

Added by Laws 2019, c. 408, § 32, eff. Oct. 1, 2019.