2023 Oklahoma Statutes › Title 44. Militia › §44-826. Military trial judge of a general or special court-martial.

ARTICLE 26. Military trial judge of a general or special court-martial.
A. A military trial judge shall be detailed to each general and special court-martial. The Adjutant General shall promulgate regulations prescribing the manner of selection, certification and detailing of military trial judges for such general and special courts-martial. The military trial judge shall preside over each open session of the court-martial to which he or she has been detailed.
B. A military trial judge shall be a member of the bar of the highest court of a state, or a member of the bar of a federal court.
C. A military trial judge shall be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military trial judge and shall be one of the following:
1. A commissioned officer of the state military forces who is a member of the bar of the highest court of a state, or a member of the bar of a federal court, and who is certified to be qualified for such duty by the State Judge Advocate;
2. A retired commissioned officer of the state military forces who is a member of the bar of the highest court of a state, or a member of the bar of a federal court, and who is certified to be qualified for such duty by the State Judge Advocate;
3. A judge advocate in any department of the Armed Forces of the United States serving on active duty within the meaning of Title 10 of the United States Code who is certified to be qualified for duty as a military trial judge by the Judge Advocate General of the armed force of which such military trial judge is a member;
4. A judge presently serving in any judicial district within the State of Oklahoma who possesses at least one (1) year of trial experience and who currently serves or previously served as a judge advocate in any department of the Armed Forces of the United States, to include reserve components of the same;
5. A retired judge or justice who served in any judicial capacity within the judicial department of the State of Oklahoma and who previously served as a judge advocate in any department of the Armed Forces of the United States, to include reserve components of the same;
6. A federal district court judge presently serving in any federal judicial district within the State of Oklahoma who possesses at least one (1) year of trial experience and who previously served as a judge advocate in any department of the Armed Forces of the United States, to include reserve components of the same; or
7. A retired federal district court judge or retired federal appellate court judge who previously served as a judge advocate in any department of the Armed Forces of the United States, to include reserve components of the same.
D. 1. In accordance with regulations prescribed under subsection A of this section, a military trial judge of a general or special court-martial shall be designated for detail by the senior force component judge advocate of the same force component as the accused.
2. Neither the convening authority nor any member of the staff of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military trial judge so detailed, which relates to the military trial judge's performance of duty as a military trial judge.
3. A commissioned officer of the state military forces who is certified to be qualified for duty as a military trial judge of a general court-martial:
a.
may perform such duties only when the officer is assigned and directly responsible to the senior force component judge advocate of the force component of which the military trial judge is a member, and
b.
may perform duties of a judicial or nonjudicial nature other than those relating to the officer's primary duty as a military trial judge of a general court-martial only when such duties are assigned to the officer by or with the approval of that senior force component judge advocate.
4. A commissioned officer of any department of the Armed Forces of the United States serving on active duty within the meaning of Title 10 of the United States Code who, pursuant to the Oklahoma Uniform Code of Military Justice and the regulations promulgated pursuant to subsection A of this section, is certified to be qualified for duty as a military trial judge of a general court-martial shall not be assigned other duties of a judicial or nonjudicial nature other than those relating to the officer's primary duty as a military trial judge of a general court-martial, except when such duties are assigned to the officer by or with the approval of the Judge Advocate General of the armed force of which the military trial judge is a member.
5. In accordance with regulations promulgated by the Adjutant General, assignments of military trial judges under this section who are members of the state military forces shall be for appropriate minimum periods, subject to such exceptions as may be authorized in the regulations.
6. No military trial judge shall be eligible to review the record of any trial if such military trial judge served as an Assistant Attorney General, district attorney, assistant district attorney or municipal prosecutor who determined or participated in the determination of whether to prosecute a nonmilitary offense when the act or omission in question could have violated both the Oklahoma Uniform Code of Military Justice and state or local criminal laws.
E. No person is eligible to act as military trial judge in a case if he or she is the accuser, a witness or has acted as preliminary hearing officer or a counsel in the same case.
F. The military trial 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 may he or she vote with the members of the court.
G. A military trial judge who is a commissioned officer in the state military forces may be detailed under subsection A of this section to a court-martial or a proceeding under subsection A of Section 830 of this title (Article 30, subsection A) that is convened in a different force component of the state military forces, when so permitted by the senior force component judge advocate of the force component of which the military trial judge is a member.
H. A military trial judge detailed pursuant to this section who is not a member of the Oklahoma National Guard shall receive compensation calculated on the basis of the current basic pay received by a member in active federal service at the grade of O-6 with twenty (20) years of time in service. The Adjutant General shall promulgate regulations establishing the method of calculating compensation for less than full-time service by a military trial judge retained pursuant to this section who is not a member of the Oklahoma National Guard. A military trial judge may be paid such actual and necessary expenses as may be provided for in regulations promulgated by the Adjutant General.
Added by Laws 2019, c. 408, § 32, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 15, emerg. eff. April 13, 2021.