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10 U.S.C. § 948j — Military judge of a military commission
Federal law — U.S. Code and appendices · legal_authorities
**(a) Detail of Military Judge.—** A military judge shall be detailed to each military commission under this chapter. The Secretary of Defense shall prescribe regulations providing for the manner in which military judges are so detailed to military commissions. The military judge shall preside over each military commission to which such military judge has been detailed.
**(b) Eligibility.—** 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 under [section 826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826&num=0&edition=prelim) (article 26 of the Uniform Code of Military Justice) as a military judge of general courts-martial by the Judge Advocate General of the armed force of which such military judge is a member.
**(c) Ineligibility of Certain Individuals.—** No person is eligible to act as military judge in a case of a military commission under this chapter if such person is the accuser or a witness or has acted as investigator or a counsel in the same case.
**(d) Consultation With Members; Ineligibility to Vote.—** A military judge detailed to a military commission under this chapter may not consult with the members except in the presence of the accused (except as otherwise provided in [section 949d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949d&num=0&edition=prelim)), trial counsel, and defense counsel, nor may such military judge vote with the members.
**(e) Other Duties.—** A commissioned officer who is certified to be qualified for duty as a military judge of a military commission under this chapter
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Source location: Title 10, Chapter 47A, § 948j; chapter-47a-military-commissions.md
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**(a) Detail of Military Judge.—** A military judge shall be detailed to each military commission under this chapter. The Secretary of Defense shall prescribe regulations providing for the manner in which military judges are so detailed to military commissions. The military judge shall preside over each military commission to which such military judge has been detailed.
**(b) Eligibility.—** 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 under [section 826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826&num=0&edition=prelim) (article 26 of the Uniform Code of Military Justice) as a military judge of general courts-martial by the Judge Advocate General of the armed force of which such military judge is a member.
**(c) Ineligibility of Certain Individuals.—** No person is eligible to act as military judge in a case of a military commission under this chapter if such person is the accuser or a witness or has acted as investigator or a counsel in the same case.
**(d) Consultation With Members; Ineligibility to Vote.—** A military judge detailed to a military commission under this chapter may not consult with the members except in the presence of the accused (except as otherwise provided in [section 949d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949d&num=0&edition=prelim)), trial counsel, and defense counsel, nor may such military judge vote with the members.
**(e) Other Duties.—** A commissioned officer who is certified to be qualified for duty as a military judge of a military commission under this chapter may perform such other duties as are assigned to such officer by or with the approval of the Judge Advocate General of the armed force of which such officer is a member or the designee of such Judge Advocate General.
**(f) Prohibition on Evaluation of Fitness by Convening Authority.—** The convening authority of a military commission under this chapter may not prepare or review any report concerning the effectiveness, fitness, or efficiency of a military judge detailed to the military commission which relates to such judge’s performance of duty as a military judge on the military commission.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sessions Without Presence of Members.—**
(1) At any time after the service of charges which have been referred for trial by military commission under this chapter, the military judge may call the military commission into session without the presence of the members for the purpose of—
(A) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(B) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members;
(C) if permitted by regulations prescribed by the Secretary of Defense, receiving the pleas of the accused; and
(D) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to [section 949a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section949a&num=0&edition=prelim) and which does not require the presence of the members.
(2) Except as provided in subsections (b), (c), and (d), any proceedings under paragraph (1) shall be conducted in the presence of the accused, defense counsel, and trial counsel, and shall be made part of the record.
**(b) Deliberation or Vote of Members.—** When the members of a military commission under this chapter deliberate or vote, only the members may be present.
**(c) Closure of Proceedings.—**
(1) The military judge may close to the public all or part of the proceedings of a military commission under this chapter.
(2) The military judge may close to the public all or a portion of the proceedings under paragraph (1) only upon making a specific finding that such closu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 949d
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A military judge shall be detailed to each general and 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.
**(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, by reason of education, training, experience, and judicial temperament, for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member.
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Page 854
TITLE 10—ARMED FORCES
§ 948h
military commissions, prior to the general amendment
of this chapter by Pub. L. 111–84.
A prior section 948e, added Pub. L. 109–366, § 3(a)(1),
Oct. 17, 2006, 120 Stat. 2603, which required the Sec-
retary of Defense to submit an annual report to con-
gressional committees, was omitted in the general
amendment of this chapter by Pub. L. 111–84. See sec-
tion 1806 of Pub. L. 111–84, set out as a note under sec-
tion 948a of this title.
SUBCHAPTER II—COMPOSITION OF
MILITARY COMMISSIONS
Sec.
948h.
Who may convene military commissions.
948i.
Who may serve on military commissions.
948j.
Military judge of a military commission.
948k.
Detail of trial counsel and defense counsel.
948l.
Detail or employment of reporters and inter-
preters.
948m.
Number of members; excuse of members; ab-
sent and additional members.
§ 948h. Who may convene military commissions
Military commissions under this chapter may
be convened by the Secretary of Defense or by
any officer or official of the United States des-
ignated by the Secretary for that purpose.
(Added Pub. L. 111–84, div. A, title XVIII, § 1802,
Oct. 28, 2009, 123 Stat. 2576.)
Editorial Notes
PRIOR PROVISIONS
A prior section 948h, added Pub. L. 109–366, § 3(a)(1),
Oct. 17, 2006, 120 Stat. 2603, related to who may convene
military commissions, prior to the general amendment
of this chapter by Pub. L. 111–84.
§ 948i. Who may serve on military commissions
(a) IN GENERAL.—Any commissioned officer of
the armed forces on active duty is eligible to
serve on a military commission under this chap-
ter, including commissioned officers of the re-
serve components of the armed forces on active
duty, commissioned officers of the National
Guard on active duty in Federal servi
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