Oregon Statutes - Chapter 398 - Military Justice - Section 398.135 - Detail of military judge.

(1) The authority convening a general court-martial or the State Judge Advocate shall detail a military judge to the general court-martial. Subject to regulations issued by the Governor or the Adjutant General, the authority convening a special court-martial or the State Judge Advocate may detail a military judge to the special court-martial. A military judge shall preside over each open session of the court-martial to which the judge has been detailed.

(2) A military judge shall be a commissioned officer of the organized militia or of any of the Armed Forces of the United States, be a member of the bar of the highest court of a state or a member of the bar of a federal court and be certified to be qualified for such duty by the State Judge Advocate.

(3) The military judge of a general or special court-martial shall be designated by the State Judge Advocate, or designee, for detail by the convening authority, and, unless the court-martial was convened by the Governor or the Adjutant General, 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 performance of duty as a military judge.

(4) A person is not eligible to act as a military judge in a case if the person is the accuser or a witness for the prosecution or has acted as investigating officer or as a counsel in the same case.

(5) 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 the military judge vote with members of the court. [1975 c.719 §14 (enacted in lieu of 398.134); 1985 c.682 §23; 1999 c.94 §1; 2005 c.512 §21]

Section:  Previous  398.118  398.120  398.126  398.128  398.130  398.132  398.134  398.135  398.136  398.138  398.140  398.162  398.164  398.166  398.168  Next

Last modified: August 7, 2008