Kentucky Statutes 35.125 – Military judge of a general or special court-martial
Current as of: 2024 | Check for updates
|
Other versions
(1) A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
(2) A military judge shall be all of the following:
(a) An active or retired commissioned officer of the Judge Advocate General’s
Corps;
(b) A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five (5) years; and
(c) A judge certified by the service component Judge Advocate General’s Corps, the senior force judge advocate of the state, or a judge of a court of competent jurisdiction who is approved by the adjutant general, subject to the order of succession in subsection (5) of this section. For purposes of this section, “certified” means the judge advocate certification and assignment as a military judge upon completion of the Judge Advocate General’s Legal Center and School’s military judge training, as referenced in Army Regulation 27-10 or Structure Manning Decision Review 27-10, paragraphs 1 through 4(b).
(3) In the instance when a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the senior force judge advocate which is the same force as the accused setting forth the qualifications provided in subsection (2) of this section, and with notice and approval of the state bar and the Chief Justice of the Kentucky Supreme Court.
(4) The military judge of a general or special court-martial shall be designated by the senior force judge advocate which is the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member 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.
(5) The senior force judge advocate shall designate the military judge who is currently assigned to the state military forces and certified as a military judge by his or her service component of the Judge Advocate General’s Corps. If that military judge is unavailable, then the senior force judge advocate shall designate upon consideration of this order of succession:
(a) A current member of the state military forces who has been certified as a military judge by his or her service component of the Judge Advocate General’s Corps;
(b) A current member of the state military forces who is both a judge advocate and an actively serving judge of a court of competent jurisdiction;
(c) A retired judge advocate of the state military forces who is an actively serving judge of a court of competent jurisdiction;
(d) Any other military judge certified by his or her service component of the
Judge Advocate General’s Corps; or
(e) Any other military judge certified by the senior force judge advocate as set out in Structure Manning Decision Review 27-10.
(6) No person is eligible to act as military judge in a case if that person is the accuser, a witness, or has acted as investigating officer or a counsel in the same case.
(7) 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 vote with the members of the court.
(8) The designation of a military judge shall not be by political appointment. The designation of a military judge by the senior force judge advocate under subsection (5) of this section shall ensure uniformity and impartiality, and prevent any appearance of impropriety. The senior force judge advocate shall assign a military judge from a predetermined list of military judges.
(9) A military judge does not have to be in the same service as the accused. However, the court-martial shall be conducted using the implementing regulations and procedures of the military service of the accused to the extent that they apply and are not inconsistent with this code. When a service member is tried by a court- martial convened by a joint commander, the applicable implementing regulations and procedures of the service of which the accused is a member shall be used to the extent they apply and are not inconsistent with this code, the state manual for courts-martial, and their implementing regulations.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 75, sec. 3, effective July 15, 2016. — Amended
2013 Ky. Acts ch. 32, sec. 27, effective June 25, 2013. — Amended 1970 Ky. Acts ch. 56, sec. 16. — Created 1954 Ky. Acts ch. 99, sec. 24, effective July 1, 1954.
(2) A military judge shall be all of the following:
Terms Used In Kentucky Statutes 35.125
- Accuser: means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. See Kentucky Statutes 35.010
- Code: means this chapter. See Kentucky Statutes 35.010
- Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Kentucky Statutes 35.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:
(a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one (1) of these. See Kentucky Statutes 35.010 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- Military judge: means an official of a general and special court-martial detailed in accordance with KRS §. See Kentucky Statutes 35.010
- Officer: means a commissioned or warrant officer. See Kentucky Statutes 35.010
- Senior force judge advocate: means the senior judge advocate of the commander of the same force of the state military forces as the accused and who is that commander's chief legal advisor. See Kentucky Statutes 35.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- State military forces: means the Kentucky National Guard as defined in Title 32 of the United States Code and as organized under the Constitution and laws of the Commonwealth of Kentucky. See Kentucky Statutes 35.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) An active or retired commissioned officer of the Judge Advocate General’s
Corps;
(b) A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five (5) years; and
(c) A judge certified by the service component Judge Advocate General’s Corps, the senior force judge advocate of the state, or a judge of a court of competent jurisdiction who is approved by the adjutant general, subject to the order of succession in subsection (5) of this section. For purposes of this section, “certified” means the judge advocate certification and assignment as a military judge upon completion of the Judge Advocate General’s Legal Center and School’s military judge training, as referenced in Army Regulation 27-10 or Structure Manning Decision Review 27-10, paragraphs 1 through 4(b).
(3) In the instance when a military judge is not a member of the bar of the highest court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the senior force judge advocate which is the same force as the accused setting forth the qualifications provided in subsection (2) of this section, and with notice and approval of the state bar and the Chief Justice of the Kentucky Supreme Court.
(4) The military judge of a general or special court-martial shall be designated by the senior force judge advocate which is the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor any staff member 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.
(5) The senior force judge advocate shall designate the military judge who is currently assigned to the state military forces and certified as a military judge by his or her service component of the Judge Advocate General’s Corps. If that military judge is unavailable, then the senior force judge advocate shall designate upon consideration of this order of succession:
(a) A current member of the state military forces who has been certified as a military judge by his or her service component of the Judge Advocate General’s Corps;
(b) A current member of the state military forces who is both a judge advocate and an actively serving judge of a court of competent jurisdiction;
(c) A retired judge advocate of the state military forces who is an actively serving judge of a court of competent jurisdiction;
(d) Any other military judge certified by his or her service component of the
Judge Advocate General’s Corps; or
(e) Any other military judge certified by the senior force judge advocate as set out in Structure Manning Decision Review 27-10.
(6) No person is eligible to act as military judge in a case if that person is the accuser, a witness, or has acted as investigating officer or a counsel in the same case.
(7) 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 vote with the members of the court.
(8) The designation of a military judge shall not be by political appointment. The designation of a military judge by the senior force judge advocate under subsection (5) of this section shall ensure uniformity and impartiality, and prevent any appearance of impropriety. The senior force judge advocate shall assign a military judge from a predetermined list of military judges.
(9) A military judge does not have to be in the same service as the accused. However, the court-martial shall be conducted using the implementing regulations and procedures of the military service of the accused to the extent that they apply and are not inconsistent with this code. When a service member is tried by a court- martial convened by a joint commander, the applicable implementing regulations and procedures of the service of which the accused is a member shall be used to the extent they apply and are not inconsistent with this code, the state manual for courts-martial, and their implementing regulations.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 75, sec. 3, effective July 15, 2016. — Amended
2013 Ky. Acts ch. 32, sec. 27, effective June 25, 2013. — Amended 1970 Ky. Acts ch. 56, sec. 16. — Created 1954 Ky. Acts ch. 99, sec. 24, effective July 1, 1954.