New York Consolidated Laws, Military Law - MIL § 130.26. Military judge of a general court-martial or special court-martial

(a) The authority convening a general court-martial shall, and, subject to such regulations as may be issued pursuant to this chapter, the authority convening a special court-martial may, detail a military judge thereto.  A military judge shall preside over each open session of the court-martial to which he has been detailed.

(b) A military judge shall be a commissioned officer of a force of the organized militia or a person on the state reserve list or state retired list who is a member of the bar of this state and who is certified to be qualified for duty as a military judge by the state judge advocate.

(c) The military judge of a general court-martial shall be designated by the state judge advocate, or his designee, for detail by the convening authority.  A commissioned officer who is certified to be qualified for duty as a military judge when performing such duties shall be assigned and directly responsible to the state judge advocate, or his designee.

(d) No person is eligible to act as a military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or counsel in the same case.

(e) 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 the defense counsel, nor may he vote with the members of the court.