(a) A senior force judge advocate who is in the same force as the accused, or a designee, shall detail a military judge to a general and special court-martial. The military judge shall preside over an open session of the court-martial to which the military judge has been detailed.
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Terms Used In Alaska Statutes 26.05.470

  • accuser: means a person who signs and swears to charges, a 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 Alaska Statutes 26.05.990
  • 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 Alaska Statutes 26.05.990
  • military judge: means an official of a general or special court-martial described under AS 26. See Alaska Statutes 26.05.990
  • officer: means a commissioned or warrant officer. See Alaska Statutes 26.05.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • senior force judge advocate: means the senior judge advocate of the commander of the same force of the militia of the state as the accused and who is that commander's chief legal advisor. See Alaska Statutes 26.05.990
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) A military judge must be

(1) an active or retired commissioned officer of the militia of a state or of an active or reserve component of the armed forces or another uniformed service of the United States;
(2) licensed to practice law in a state or a member of the bar of a federal court for at least five years;
(3) certified as qualified for duty as a military judge by a senior force judge advocate who is in the same force as the accused.
(c) The convening authority or a staff member of the convening authority may not prepare or review a report concerning the effectiveness, fitness, or efficiency of the military judge detailed to the case that relates to performance of duty as a military judge.
(d) A person may not act as military judge in a case if that person is the accuser or a witness or has acted as investigating officer or 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, or vote with the members of the court-martial.
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