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Current as of January 01, 2023 | Updated by Findlaw Staff
(a) The Adjutant General shall appoint military judges to preside over courts-martial of the North Carolina National Guard not in federal service. Minimum requirements for appointment as a military judge are as follows:
(1) Repealed by S.L. 2025-51, § 8(b), eff. July 2, 2025.
(2) Designation as a judge advocate by the Judge Advocate General of the United States Army, Navy, Air Force, Marines, or Coast Guard.
(3) Membership in the North Carolina National Guard.
(4) A member in good standing of the bar of the highest court of this State.
(5) Hold the rank of lieutenant colonel or above.
(b) The Adjutant General or the Staff Judge Advocate may detail military judges for all purposes for which military judges may be detailed, except that only those certified as a military judge by the Judge Advocate General of the United States Army, Air Force, Navy, Marines, or Coast Guard may preside over a general or special court-martial.
(c) Nothing in this section shall preclude the detailing of a military judge from another component of the Armed Forces of the United States made available for detail, provided that such military judge has been certified by the Judge Advocate General from the military judge's component of the Armed Forces of the United States. The Adjutant General shall detail such military judge with the advice of the Staff Judge Advocate.
(d) Military judges for the Army National Guard and the Air National Guard may preside over courts-martial of the other; provided, however, the Adjutant General shall obtain the advice of the Staff Judge Advocate from the military judge's branch of service before the judge is detailed.
(e) Military judges appointed by the Adjutant General may issue investigative subpoenas as authorized under the Uniform Code of Military Justice and pursuant to such rules and regulations as prescribed by the military judge's component of the Armed Forces of the United States and as may be prescribed by the Adjutant General of the North Carolina National Guard. Subpoenas issued under this section shall have the same force and effect as subpoenas issued by the courts of this State. Subpoenas issued under this section may be served by a duly appointed investigating officer, a North Carolina National Guard Provost Marshal or Deputy Provost Marshal, or any sheriff, deputy sheriff, or State or local law enforcement officer.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 127A. Militia § 127A-50.1. Military judges - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-127a-militia/nc-gen-st-sect-127a-50-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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