Md. Code Ann., Pub. Safety § 13A-505
Military judge of a general or special court-martial
Effective Dec 14, 2022Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020. Amended by Acts 2021, c. 82, § 7, eff. Dec. 14, 2022; Acts 2021, c. 83, § 7, eff. Dec. 14, 2022.State of Maryland
(a)
- (1) A military judge shall be detailed to each general and special court-martial by the senior military judge in the State.
- (2) The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
(b) A military judge shall be:
- (1) an active or retired commissioned officer of an organized state military force;
- (2) a member in good standing of the bar of the Supreme Court of Maryland; and
- (3) certified as qualified for duty as a military judge by the senior force judge advocate that is 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 so detailed, which relates to performance of duty as a military judge.
- (d) A person is not eligible to act as military judge in a case if the person is the accuser or a witness, or has acted as investigating officer or a counsel in the same case.
(e) The military judge of a court-martial may not:
- (1) consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel; or
- (2) vote with the members of the court.
Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020. Amended by Acts 2021, c. 82, § 7, eff. Dec. 14, 2022; Acts 2021, c. 83, § 7, eff. Dec. 14, 2022.