10 U.S.C. § 948i

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 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 chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired 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 eligible 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 temperament. No member of an armed force is eligible to serve as a member of a military commission when such member is the accuser or a witness for the prosecution or has acted as an investigator 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.

10 U.S.C. § 948i

Added Pub. L. 111-84, div. A, title XVIII, §18021802,, 123 Stat. 2576.

EDITORIAL NOTES

PRIOR PROVISIONSA 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.

National Guard: The term "National Guard" means the Army National Guard and the Air National Guard.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
commissioned officer: The term "commissioned officer" includes a commissioned warrant officer.