Skip to main content
Find a Lawyer

Utah Code Title 39A. National Guard and Militia Act § 39A-5-206. Military judge--Qualifications--Designation for detail

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

(1) The convening authority of a military court shall, subject to regulations promulgated by the governor, detail a military judge, as designated by the state judge advocate, to preside over each open session of the court.

(2) A military judge shall be:

(a) a commissioned officer;

(b) a member of the Utah State Bar;

(c) a member of the bar of a federal court; and

(d) certified as qualified for duty by the state judge advocate.

(3) Unless the military court is convened by the governor, neither the adjutant general nor the adjutant general's staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the detailed military judge that relates to the judge's performance of duty as a military judge.

(4) An individual is not eligible to act as a military judge in a case if the individual:

(a) is the accuser;

(b) is a witness in the case;

(c) has acted as investigating officer; or

(d) is a counsel in the same case.

(5) The military judge of a court may not:

(a) consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel; or

(b) vote with the members of the court.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 39A. National Guard and Militia Act § 39A-5-206. Military judge--Qualifications--Designation for detail - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-39a-national-guard-and-militia-act/ut-code-sect-39a-5-206/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard