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Maryland Code, Public Safety § 13A-505

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Maryland Code, Public Safety § 13A-505 - last updated January 01, 2025 | https://codes.findlaw.com/md/public-safety/md-code-public-safety-sect-13a-505/

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