Aug. 10, 1956, ch. 104170A Stat. 46Pub. L. 90–632, § 2(9)82 Stat. 1336Pub. L. 98–209, § 3(c)(1)97 Stat. 1394Pub. L. 114–328, div. E, title LV, § 5184130 Stat. 2901(, ; , , ; , , ; , title LVI, § 5203(e)(3), , , 2906.)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
826(a) 826(b) | 50:590(a). 50:590(b). | May 5, 1950, ch. 169, § 1 (Art. 26), 64 Stat. 117. |
In subsection (a), the words “a commissioned” are substituted for the word “an” for clarity. The words “of the United States” are omitted as surplusage. The word “is” is substituted for the words “shall be”. The word “if” is substituted for the word “when”. The word “detail” is substituted for the word “appoint”, since the filling of the position involved is not appointment to an office in the constitutional sense.
In subsection (b), the word “may” is substituted for the word “shall”.
Editorial Notes
Amendments
Pub. L. 114–328, § 5184(a)2016—Subsec. (a). , inserted “and special” after “each general” and struck out “Subject to regulations of the Secretary concerned, a military judge may be detailed to any special court-martial.” before “The military judge”.
Pub. L. 114–328, § 5184(b)Subsec. (b). , substituted “qualified, by reason of education, training, experience, and judicial temperament, for duty” for “qualified for duty”.
Pub. L. 114–328, § 5184(c)Subsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail in accordance with regulations prescribed under subsection (a). Unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him by or with the approval of that Judge Advocate General or his designee.”
Pub. L. 114–328, § 5203(e)(3)Subsec. (d). , substituted “preliminary hearing officer” for “investigating officer”.
Pub. L. 114–328, § 5184(d)Subsec. (f). , added subsec. (f).
Pub. L. 114–328, § 5184(e)Subsec. (g). , added subsec. (g).
Pub. L. 98–209, § 3(c)(1)(A)1983—Subsec. (a). , amended subsec. (a) generally, inserting provision requiring the Secretary concerned to prescribe regulations providing for the manner in which military judges are detailed for courts-martial and for the persons who are authorized to detail military judges for such courts-martial.
Pub. L. 98–209, § 3(c)(1)(B)Subsec. (c). , substituted “in accordance with regulations prescribed under subsection (a). Unless” for “by the convening authority, and, unless”.
Pub. L. 90–6321968— substituted “military judge” for “law officer” and inserted reference to special court-martial.
Pub. L. 90–632Subsec. (a). substituted reference to military judge for references to law officer and such law officer’s requisite qualifications, inserted reference to special court-martial and regulations of the Secretary concerned governing the convening of a special court-martial, inserted provisions directing the military judge to preside over the open sessions of the court-martial to which he was assigned, and struck out provisions making law officers ineligible in a case in which he was the accuser or a witness for the prosecution or acted as investigating officer or as counsel.
Pub. L. 90–632Subsecs. (b) to (d). added subsecs. (b) to (d). Former subsec. (b) redesignated as subsec. (e) and amended.
Pub. L. 90–632section 839 of this titleSubsec. (e). redesignated former subsec. (b) as (e) and substituted “military judge” for “law officer” and struck out provision allowing consultation with members of the court on the form of the findings as provided in (article 39).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Pub. L. 114–328section 5542 of Pub. L. 114–328section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .
Effective Date of 1983 Amendment
Pub. L. 98–209Pub. L. 98–209section 801 of this titleAmendment by effective first day of eighth calendar month beginning after , but not to affect the designation or detail of a military judge or military counsel to a court-martial before that date, see section 12(a)(1), (2) of , set out as a note under .
Effective Date of 1968 Amendment
Pub. L. 90–632section 4 of Pub. L. 90–632section 801 of this titleAmendment by effective first day of tenth month following October 1968, see , set out as a note under .
Statutory References to Law Officer Deemed References to Military Judge
Pub. L. 90–632, § 3(a)82 Stat. 1343