Military Judge of General, Special or Summary Court-Martial

(a)A military judge shall be detailed to each general court-martial. A military judge shall, if not prevented by physical conditions or military exigencies, be detailed to each special and summary courtmartial. Regulations shall provide for the manner in which the military judges are detailed for such courtsmartial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over open sessions of the court-martial to which he has been detailed.

(b)A military judge shall be a commissioned officer or a civilian who is a member of the bar of a federal court or a member of the bar of the highest court of a State, Territory, Commonwealth of the United CH. 63 GUAM NATIONAL GUARD States or the District of Columbia and who is certified to be qualified for duty as a military judge by the Guam Judge Advocate General. If an individual has been certified as a military judge by the Judge Advocate General of the Armed Force of which such military judge is a member or by a sister Commonwealths of the United States or the District of Columbia, he may be so certified by the Guam Judge Advocate General. A qualified judge of the Superior Court of Guam shall be, without certification, qualified to preside over any military court of the military forces of Guam. Civilians, serving as a military judge, shall have the same powers and authority as a military officer detailed as a military judge.

(c)The military judge of a general court-martial or a special court-martial authorized to adjudge a badconduct discharge should be, if practical, a qualified member as set out in § 63718(b) of another National Guard or active or reserve Armed Force of the United States or a qualified civilian.

(d)No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or a 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 defense counsel, nor may he vote with the members of the court.