N.Y. Military Law 130.26 – Military judge of a general court-martial or special court-martial
§ 130.26. Military judge of a general court-martial or special court-martial. (a) The authority convening a general court-martial shall, and, subject to such regulations as may be issued pursuant to this chapter, the authority convening a special court-martial may, detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which he has been detailed.
Terms Used In N.Y. Military Law 130.26
- Judge advocate: means an officer of a force of the organized militia who is a member of the judge advocate general's corps or who is designated as a judge advocate;
(10) "Legal officer" means an officer of the New York naval militia designated to perform legal duties for a command;
(11) "Code" means article seven of this chapter;
(12) "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 N.Y. Military Law 130.1 - Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;
(2) "Officer" means a commissioned officer including a commissioned warrant officer;
(3) "Superior officer" means an officer superior in rank or command;
(4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;
(5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;
(6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;
(7) "Military court" means a court-martial, a court of inquiry, a provost court;
(8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1 - 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 shall be a commissioned officer of a force of the organized militia or a person on the state reserve list or state retired list who is a member of the bar of this state and who is certified to be qualified for duty as a military judge by the state judge advocate.
(c) The military judge of a general court-martial shall be designated by the state judge advocate, or his designee, for detail by the convening authority. A commissioned officer who is certified to be qualified for duty as a military judge when performing such duties shall be assigned and directly responsible to the state judge advocate, or his designee.
(d) No person is eligible to act as a military judge in a case if he is the accuser or a witness for the prosecution 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 the defense counsel, nor may he vote with the members of the court.