§ 826. Art. 26. Military judge of a general or special court-martial

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 46 · 70A Stat. 46

   Enacted · 10 U.S.C. § 826

   Aug. 10, 1956, ch. 1041, 70A Stat. 46

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 46

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(9) · 82 Stat. 1335

   1. Substituted · 10 U.S.C. § 826

      Pub. L. 90–632 substituted “military judge” for “law officer”

   2. Inserted · 10 U.S.C. § 826

      Pub. L. 90–632 inserted reference to special court-martial

   Source evidence

   Code amendment note
   Pub. L. 90–632 substituted “military judge” for “law officer” and inserted reference to special court-martial.

   Enacted provision · exact public law section
   (9) Section 826 (article 26) is amended to read as follows: “§ 826. Art. 26. Military judge of a general or special court-martial “(a) The authority convening a general court-martial shall, and, subject to regulations of the Secretary concerned, the authority convening a special court-martial may, detail a military judge thereto. Amintary judge shall preside over each open session of the court-martial to which he has been detailed. “(b) A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and 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. “(c) The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail by the convening authority, and, unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of 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 to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or non judicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee. “(d) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or 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.”

3. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(9) · 82 Stat. 1335

   1. Substituted · 10 U.S.C. § 826(a)

      Pub. L. 90–632 substituted reference to military judge for references to law officer and such law officer’s requisite qualifications

   2. Inserted · 10 U.S.C. § 826(a)

      Pub. L. 90–632 inserted reference to special court-martial and regulations of the Secretary concerned governing the convening of a special court-martial

   3. Inserted · 10 U.S.C. § 826(a)

      Pub. L. 90–632 inserted provisions directing the military judge to preside over the open sessions of the court-martial to which he was assigned

   4. Struck · 10 U.S.C. § 826(a)

      Pub. L. 90–632 struck out provisions making law officers ineligible in a case in which he was the accuser or a witness for the prosecution or acted as investigating officer or as counsel

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–632 substituted reference to military judge for references to law officer and such law officer’s requisite qualifications, inserted reference to special court-martial and regulations of the Secretary concerned governing the convening of a special court-martial, inserted provisions directing the military judge to preside over the open sessions of the court-martial to which he was assigned, and struck out provisions making law officers ineligible in a case in which he was the accuser or a witness for the prosecution or acted as investigating officer or as counsel.

   Enacted provision · exact public law section
   (9) Section 826 (article 26) is amended to read as follows: “§ 826. Art. 26. Military judge of a general or special court-martial “(a) The authority convening a general court-martial shall, and, subject to regulations of the Secretary concerned, the authority convening a special court-martial may, detail a military judge thereto. Amintary judge shall preside over each open session of the court-martial to which he has been detailed. “(b) A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and 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. “(c) The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail by the convening authority, and, unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of 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 to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or non judicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee. “(d) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or 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.”

4. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(9) · 82 Stat. 1335

   1. Redesignated · 10 U.S.C. § 826(b)(d)

      Pub. L. 90–632 added subsecs. (b) to (d). Former subsec. (b) redesignated as subsec. (e)

   2. Amended · 10 U.S.C. § 826(b)(d)

      Pub. L. 90–632 amended

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 90–632 added subsecs. (b) to (d). Former subsec. (b) redesignated as subsec. (e) and amended.

   Enacted provision · exact public law section
   (9) Section 826 (article 26) is amended to read as follows: “§ 826. Art. 26. Military judge of a general or special court-martial “(a) The authority convening a general court-martial shall, and, subject to regulations of the Secretary concerned, the authority convening a special court-martial may, detail a military judge thereto. Amintary judge shall preside over each open session of the court-martial to which he has been detailed. “(b) A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and 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. “(c) The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail by the convening authority, and, unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of 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 to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or non judicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee. “(d) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or 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.”

5. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(9) · 82 Stat. 1335

   1. Redesignated · 10 U.S.C. § 826(e)

      Pub. L. 90–632 redesignated former subsec. (b) as (e)

   2. Substituted · 10 U.S.C. § 826(e)

      Pub. L. 90–632 substituted “military judge” for “law officer”

   3. Struck · 10 U.S.C. § 826(e)

      Pub. L. 90–632 struck out provision allowing consultation with members of the court on the form of the findings as provided in section 839 of this title (article 39)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 90–632 redesignated former subsec. (b) as (e) and substituted “military judge” for “law officer” and struck out provision allowing consultation with members of the court on the form of the findings as provided in section 839 of this title (article 39).

   Enacted provision · exact public law section
   (9) Section 826 (article 26) is amended to read as follows: “§ 826. Art. 26. Military judge of a general or special court-martial “(a) The authority convening a general court-martial shall, and, subject to regulations of the Secretary concerned, the authority convening a special court-martial may, detail a military judge thereto. Amintary judge shall preside over each open session of the court-martial to which he has been detailed. “(b) A military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and 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. “(c) The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail by the convening authority, and, unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of 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 to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or non judicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee. “(d) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or 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.”

6. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 3(c)(1)(A) · 97 Stat. 1393

   1. Amended · 10 U.S.C. § 826(a)

      Pub. L. 98–209, § 3(c)(1)(A), amended subsec. (a) generally

   2. Inserted · 10 U.S.C. § 826(a)

      Pub. L. 98–209, § 3(c)(1)(A), inserting provision requiring the Secretary concerned to prescribe regulations providing for the manner in which military judges are detailed for courts-martial and for the persons who are authorized to detail military judges for such courts-martial

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–209, § 3(c)(1)(A), amended subsec. (a) generally, inserting provision requiring the Secretary concerned to prescribe regulations providing for the manner in which military judges are detailed for courts-martial and for the persons who are authorized to detail military judges for such courts-martial.

   Enacted provision · exact public law section
   (A) by striking out subsection (a) and inserting in lieu thereof the following: (a) A military judge shall be detailed to each general court-martial. Subject to regulations of the Secretary concerned, a Regulations. military judge may be detailed to any special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed for such courts-martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial to which he has been detailed.’; and

7. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 3(c)(1)(B) · 97 Stat. 1393

   Substituted · 10 U.S.C. § 826(c)

   Pub. L. 98–209, § 3(c)(1)(B), substituted “in accordance with regulations prescribed under subsection (a). Unless” for “by the convening authority, and, unless”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–209, § 3(c)(1)(B), substituted “in accordance with regulations prescribed under subsection (a). Unless” for “by the convening authority, and, unless”.

   Enacted provision · exact public law section
   (B) in the first sentence of subsection (c), by striking out “by the convening authority, and, unless” and inserting in lieu thereof “in accordance with regulations prescribed under subsection (a). Unless”.

8. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5184(a) · 130 Stat. 2000

   1. Inserted · 10 U.S.C. § 826(a)

      Pub. L. 114–328, § 5184(a), inserted “and special” after “each general”

   2. Struck · 10 U.S.C. § 826(a)

      Pub. L. 114–328, § 5184(a), struck out “Subject to regulations of the Secretary concerned, a military judge may be detailed to any special court-martial.” before “The military judge”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–328, § 5184(a), inserted “and special” after “each general” and struck out “Subject to regulations of the Secretary concerned, a military judge may be detailed to any special court-martial.” before “The military judge”.

   Enacted provision · exact public law section
   (a) Detail to Special Courts-martial.— Subsection (a) of section 826 of title 10, United States Code (article 26 of the Uniform Code of Military Justice), is amended— (1) in the first sentence, by inserting after “each general” the following: “and special”; and (2) by striking the second sentence.

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

9. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 § 5184(b) · 130 Stat. 2000

   Substituted · 10 U.S.C. § 826(b)

   Pub. L. 114–328, § 5184(b), substituted “qualified, by reason of education, training, experience, and judicial temperament, for duty” for “qualified for duty”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–328, § 5184(b), substituted “qualified, by reason of education, training, experience, and judicial temperament, for duty” for “qualified for duty”.

   Enacted provision · exact public law section
   (b) Qualifications.— Subsection (b) of such section (article) is amended by striking “qualified for duty” and inserting “qualified, by reason of education, training, experience, and judicial temperament, for duty”.

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

10. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5184(c) · 130 Stat. 2000

    Amended · 10 U.S.C. § 826(c)

    Pub. L. 114–328, § 5184(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail in accordance with regulations prescribed under subsection (a). Unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of 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 to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–328, § 5184(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail in accordance with regulations prescribed under subsection (a). Unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of 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 to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee.”

    Enacted provision · exact public law section
    (c) Detail and Assignment.— Subsection (c) of such section (article) is amended to read as follows: “(c) (1) In accordance with regulations prescribed under subsection (a), a military judge of a general or special court-martial shall be designated for detail by the Judge Advocate General of the armed force of which the military judge is a member. “(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 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 Judge Advocate General of the armed force 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 when such duties are assigned to the officer by or with the approval of that Judge Advocate General. “(4) In accordance with regulations prescribed by the President, assignments of military judges under this section (article) shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.” .

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

11. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5203(e)(3) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 826(d)

    Pub. L. 114–328, § 5203(e)(3), substituted “preliminary hearing officer” for “investigating officer”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–328, § 5203(e)(3), substituted “preliminary hearing officer” for “investigating officer”.

    Enacted provision · exact public law section
    (3) Section 826(d) of such title (article 26(d) of the Uniform Code of Military Justice).

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

12. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5184(d) · 130 Stat. 2000

    Added · 10 U.S.C. § 826(f)

    Pub. L. 114–328, § 5184(d), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 114–328, § 5184(d), added subsec. (f).

    Enacted provision · exact public law section
    (d) Detail to a Different Armed Force.— Such section (article) is further amended by adding at the end the following new subsection: “(f) A military judge may be detailed under subsection (a) to a court-martial or a proceeding under section 830a of this title (article 30a) that is convened in a different armed force, when so permitted by the Judge Advocate General of the armed force of which the military judge is a member.” .

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

13. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5184(e) · 130 Stat. 2000

    Added · 10 U.S.C. § 826(g)

    Pub. L. 114–328, § 5184(e), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–328, § 5184(e), added subsec. (g).

    Enacted provision · exact public law section
    (e) Chief Trial Judges.— Such section (article), as amended by subsection (d), is further amended by adding at the end the following new subsection: “(g) In accordance with regulations prescribed by the President, each Judge Advocate General shall designate a chief trial judge from among the members of the applicable trial judiciary.” .

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

21 of 22 references resolved to an enrolled provision · 1 partial