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10 U.S.C. § 826 — Art. 26. Military judge of a general or special court-martial
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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Source location: Title 10, Chapter 47, § 826; chapter-047-uniform-code-of-military-justice.md
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**(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 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.
**(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 preliminary hearing 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.
**(f)** A military judge may be detailed under subsection (a) to a court-martial or a proceeding under [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section830a&num=0&edition=prelim) (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.
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “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.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to [section 835 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section835&num=0&edition=prelim) (article 35), call the court into session without the presence of the members for the purpose of—
(1) 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;
(2) 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 of the court;
(3) holding the arraignment and receiving the pleas of the accused;
(4) conducting a sentencing proceeding and sentencing the accused under [section 853(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853/b/1&num=0&edition=prelim) (article 53(b)(1)); and
(5) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to [section 836 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section836&num=0&edition=prelim) (article 36) and which does not require the presence of the members of the court.
**(b)** Proceedings under subsection (a) shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of members of the court and without regard to [section 829 of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 839
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:
(A) Pre-referral investigative subpoenas.
(B) Pre-referral warrants or orders for electronic communications.
(C) Pre-referral matters referred by an appellate court.
(D) Pre-referral matters under subsection (c) or (e) of [section 806b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section806b&num=0&edition=prelim) (article 6b).
(E) Pre-referral matters relating to the following:
(i) Pre-trial confinement of an accused.
(ii) The mental capacity or mental responsibility of an accused.
(iii) A request for an individual military counsel.
(2) In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—
(A) set forth the matters that a military judge may rule upon in such proceedings;
(B) include procedures for the review of such rulings;
(C) include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and
(D) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.
(3) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.
**(b) Detail of Military Judge.—** The Secretary concerned shall prescribe regulations providing for the manner in which military j
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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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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 586, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, prescribed persons who may convene general courts-martial. See [section 822 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section822&num=0&edition=prelim), Armed Forces.
Section 587, act May 5, 1950, ch. 169, § 1, 64 Stat. 115, prescribed persons who may convene special courts-martial. See [section 823 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section823&num=0&edition=prelim).
Section 588, act May 5, 1950, ch. 169, § 1, 64 Stat. 116, prescribed persons who may convene summary courts-martial. See [section 824 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824&num=0&edition=prelim).
Section 589, act May 5, 1950, ch. 169, § 1, 64 Stat. 116, related to persons who may serve on courts-martial. See [section 825 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section825&num=0&edition=prelim).
Section 590, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, provided for law officer of a general court-martial. See [section 826 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826&num=0&edition=prelim).
Section 591, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, related to appointment of trial counsel and defense counsel. See [section 827 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim).
Section 592, act May 5, 1950, ch. 169, § 1, 64 Stat. 117, provided for appointment of reporters and interpreters. See [section 828 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section828&num=0&edition=prelim).
Section 593, act May 5
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Federal law — U.S. Code and appendices · legal_authorities
Page 740
TITLE 10—ARMED FORCES
§ 825a
subsection (a) [amending this section] shall apply only
to a case in which arraignment is completed on or after
the effective date of this title.’’
Title VIII of Pub. L. 99–661 effective the earlier of (1)
the last day of the 120-day period beginning on Nov. 14,
1986; or (2) the date specified in an Executive order for
such amendment to take effect, see section 808 of Pub.
L. 99–661, set out as a note under section 802 of this
title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 13(c) of Pub. L. 98–209 effective
Dec. 6, 1983, and amendment by section 3(b) of Pub. L.
98–209 effective first day of eighth calendar month be-
ginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L.
98–209, set out as a note under section 801 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–632 effective first day of
tenth month following October 1968, see section 4 of
Pub. L. 90–632, set out as a note under section 801 of
this title.
REGULATIONS
Pub. L. 117–263, div. A, title V, § 543(c), Dec. 23, 2022,
136 Stat. 2582, provided that: ‘‘Not later than the effec-
tive date specified in subsection (b) [see Effective Date
of 2022 Amendment note above], the President shall
prescribe regulations implementing the requirement
under paragraph (4) of section 825(e) of title 10, United
States Code (article 25(e) of the Uniform Code of Mili-
tary Justice), as added by subsection (a) of this sec-
tion.’’
§ 825a. Art. 25a. Number of court-martial mem-
bers in capital cases
(a) IN GENERAL.—In a case in which the ac-
cused may be sentenced to death, the number of
members shall be 12.
(b) CASE NO LONGER CAPITAL.—Subject to sec-
tion 829 of this title (article 29)—
(1) if a case is referred for trial as a capit
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