Alaska Stat. § 26.05.470

Current through Chapter 3 of the 2024 Legislative Session
Section 26.05.470 - Military judge of a general or special court-martial
(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.
(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.

AS 26.05.470

Added by SLA 2016, ch. 55,sec. 4, eff. 7/1/2016.
This section was originally numbered as 26.05.453 but was changed by the revisor of statutes.