Article 26. Military judge of a general or special court-martial.
(a) A military judge shall be detailed to each general and special court-martial. 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 highest court of a state or a member of the bar of a federal court for not less than 5 years; and
(3) certified as qualified for duty as a military judge by the senior force judge advocate which is the same force as the accused.
(c) If a military judge is not a member of the bar of the highest court of the commonwealth, the military judge shall be considered admitted pro hac vice, subject to filing a certificate with the senior force judge advocate of the same force as the accused, setting forth the qualifications provided in subsection (b).
(d) The military judge of a general or special court-martial shall be designated by the senior force judge advocate of the same force as the accused, or a designee, for detail by the convening authority. Neither the convening authority nor a staff member of the convening authority shall 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.
(e) No person shall act as military judge in a case if that person is the accuser, a witness or has acted as investigating officer or counsel in the same case.
(f) 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, nor vote with the members of the court.
(g) A military judge need not be a member of the same military force or the same branch of the convening authority or accused.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 33a - Massachusetts Code of Military Justice
Section 2 - Persons Subject to This Code; Jurisdiction
Section 3 - Jurisdiction to Try Certain Personnel
Section 5 - Territorial Applicability of the Code
Section 9 - Imposition of Restraint
Section 10 - Restraint of Persons Charged With Offenses
Section 11 - Place of Confinement; Reports and Receiving of Prisoners
Section 12 - Confinement With Enemy Prisoners Prohibited
Section 13 - Punishment Prohibited Before Trial
Section 14 - Delivery of Offenders to Civil Authorities
Section 15 - Commanding Officer's Non-Judicial Punishment
Section 16 - Courts-Martial Classified
Section 17 - Jurisdiction of Courts-Martial in General
Section 18 - Jurisdiction of General Courts-Martial
Section 19 - Jurisdiction of Special Courts-Martial
Section 20 - Jurisdiction of Summary Courts-Martial
Section 22 - Who May Convene General Courts-Martial
Section 23 - Who May Convene Special Courts-Martial
Section 24 - Who May Convene Summary Courts-Martial
Section 25 - Who May Serve on Courts-Martial
Section 26 - Military Judge of a General or Special Court-Martial
Section 27 - Detail of Trial Counsel and Defense Counsel
Section 28 - Detail or Employment of Reporters and Interpreters
Section 29 - Absent and Additional Members
Section 30 - Charges and Specifications
Section 31 - Compulsory Self-Incrimination Prohibited
Section 33 - Forwarding of Charges
Section 34 - Advice of Judge Advocate and Reference for Trial
Section 35 - Service of Charges
Section 36 - Commander-in-Chief or the Adjutant General May Prescribe Rules
Section 37 - Unlawfully Influencing Action of Court
Section 38 - Duties of Trial Counsel and Defense Counsel
Section 42 - Oaths or Affirmations
Section 43 - Statute of Limitations
Section 45 - Pleas of the Accused
Section 46 - Opportunity to Obtain Witnesses and Other Evidence
Section 47 - Refusal to Appear or Testify
Section 50 - Admissibility of Records of Courts of Inquiry
Section 50a - Defense of Lack of Mental Responsibility
Section 51 - Voting and Rulings
Section 52 - Number of Votes Required
Section 53 - Court to Announce Action
Section 55 - Cruel and Unusual Punishments Prohibited
Section 57 - Effective Date of Sentences
Section 57a - Deferment of Sentences
Section 58 - Execution of Confinement
Section 58a - Sentences: Reduction in Enlisted Grade Upon Approval
Section 58b - Sentences: Forfeiture of Pay and Allowances During Confinement
Section 59 - Error of Law; Lesser Included Offense
Section 60 - Action by the Convening Authority
Section 61 - Withdrawal of Appeal
Section 62 - Appeal by the State
Section 64 - Review by the Senior Force Judge Advocate
Section 65 - Disposition of Records After Review by the Convening Authority
Section 67a - Review by State Appellate Authority
Section 70 - Appellate Counsel
Section 71 - Execution of Sentence; Suspension of Sentence
Section 72 - Vacation of Suspension
Section 73 - Petition for a New Trial
Section 74 - Remission and Suspension
Section 76 - Finality of Proceedings, Findings and Sentences
Section 76a - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions
Section 78 - Accessory After the Fact
Section 79 - Conviction of Lesser Included Offense
Section 83 - Fraudulent Enlistment, Appointment or Separation
Section 84 - Unlawful Enlistment, Appointment or Separation
Section 86 - Absence Without Leave
Section 88 - Contempt Toward Officials
Section 89 - Disrespect Toward Superior Commissioned Officer
Section 90 - Assaulting or Willfully Disobeying Superior Commissioned Officer
Section 91 - Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer or Petty Officer
Section 92 - Failure to Obey Order or Regulation
Section 93 - Cruelty and Maltreatment
Section 94 - Mutiny or Sedition
Section 95 - Resistance, Flight, Breach of Arrest and Escape
Section 96 - Releasing Prisoner Without Proper Authority
Section 97 - Unlawful Detention
Section 98 - Noncompliance With Procedural Rules
Section 99 - Misbehavior Before the Enemy
Section 100 - Subordinate Compelling Surrender
Section 101 - Improper Use of Countersign
Section 102 - Forcing a Safeguard
Section 103 - Captured or Abandoned Property
Section 104 - Aiding the Enemy
Section 105 - Misconduct as Prisoner
Section 107 - False Official Statements
Section 108 - Loss, Damage, Destruction or Wrongful Disposition of Military Property
Section 109 - Waste, Spoilage or Destruction of Non-Military Property
Section 110 - Improper Hazarding of Vessel
Section 113 - Misbehavior of Sentinel
Section 116 - Riot or Breach of Peace
Section 117 - Provoking Speeches or Gestures
Section 132 - Frauds Against the Government
Section 133 - Conduct Unbecoming an Officer
Section 135 - Courts of Inquiry
Section 136 - Authority to Administer Oaths and to Act as Notary
Section 137 - Articles to Be Made Available
Section 138 - Complaints of Wrongs
Section 139 - Redress of Injuries to Property
Section 140 - Delegation by the Commander-in-Chief
Section 141 - Payment of Fees, Costs, and Expenses
Section 142 - Payment of Fines and Disposition Thereof
Section 143 - Uniformity of Interpretation and Military Rules of Evidence