10 U.S.C. § 948j — Military judge of a military commission

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 service, or re- tired commissioned officers recalled to active duty. (b) DETAIL OF MEMBERS.—When convening a military commission under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligi- ble under subsection (a) who, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial tem- perament. No member of an armed force is eligi- ble to serve as a member of a military commis- sion when such member is the accuser or a wit- ness for the prosecution or has acted as an in- vestigator or counsel in the same case. (c) EXCUSE OF MEMBERS.—Before a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case. (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2576.) Editorial Notes PRIOR PROVISIONS A prior section 948i, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to who may serve on military commissions, prior to the general amendment of this chapter by Pub. L. 111–84. § 948j. Military judge of a military commission (a) DETAIL OF MILITARY JUDGE.—A military judge shall be detailed to each military commis- sion under this chapter. The Secretary of De- fense shall prescribe regulations providing for the manner in which military judges are so de- tailed to military commissions. The military judge shall preside over each military commis- sion to which such military judge has been de- tailed. (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 (article 26 of the Uniform Code of Military Justice) as a mili- tary 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 chap- ter 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; INELIGI- BILITY 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 pro- vided in section 949d of this title), 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 ap- proval 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 author- ity of a military commission under this chapter may not prepare or review any report con- cerning the effectiveness, fitness, or efficiency of a military judge detailed to the military com- mission which relates to such judge’s perform- ance of duty as a military judge on the military commission. (Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2577.) Editorial Notes PRIOR PROVISIONS A prior section 948j, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2604, related to military judges of military commissions, prior to the general amendment of this chapter by Pub. L. 111–84. § 948k. Detail of trial counsel and defense coun- sel (a) DETAIL OF COUNSEL GENERALLY.—(1) Trial counsel and military defense counsel shall be de- tailed for each military commission under this chapter.