48-2504. (KCMJ Art. 26) Military judge of a general or special court-martial.
48-2504
48-2504. (KCMJ Art. 26) Military judge of a general or special court-martial.(a) The authority convening a general court-martial shall detail amilitary judge thereto. Subject to regulations of the governor, amilitary judge may be detailed to any special court-martial. The governorshall prescribe regulations providing for the manner in which militaryjudges are detailed for such courts-martial and for the persons who areauthorized to detail military judges for such courts-martial. A militaryjudge shall preside over each opensession of the court-martial to which the judge had been detailed.
(b) A military judge shall be a commissioned officer of the nationalguard or a retired officer of the reserve components of the armed forces ofthe United States who is a member of the bar of the supreme court of Kansasand who is certified to be qualified for such duty by the judge advocategeneral. The judge advocate general may recommend to the adjutant generalthat the adjutant general order to active duty retired personnel of theUnited States armed forces who are qualified to act as military judges.
(c) No person is eligible to act as military judge in a case if the personis the accuser or a witness for the prosecution or has acted as investigatingofficer or a counsel in the same case.
(d) Neither the convening authority nor any member ofthe convening authority's staffshall prepare or review any report concerning the effectiveness, fitness orefficiency of a military judge which relates to the judge's performanceof duty as such. A commissioned officer who is certified to be qualified for duty as amilitary judge of a court-martial may perform such duties only when suchofficer is assigned and directly responsible to the judgeadvocate general and mayperform duties of a judicial or nonjudicial nature other than thoserelating to the primary duty as a military judge of a court-martial whensuch duties are assigned to such officer by or with theapproval of the judgeadvocate general. The military judge of a court-martial may not consultwith the members of the court except in the presence of the accused, trialcounsel, and defense counsel, nor may the judge vote with the members of thecourt.
History: L. 1972, ch. 203, § 48-2504;L. 1988, ch. 191, § 19; July 1.