Okla. Stat. tit. 44, § 44-826

martial.

ARTICLE 26. Military trial judge of a general or special court-

martial.

A. A military trial judge shall be detailed to each general and

special court-martial. The Adjutant General shall promulgate

regulations prescribing the manner of selection, certification and

detailing of military trial judges for such general and special

courts-martial. The military trial judge shall preside over each

open session of the court-martial to which he or she has been

detailed.

B. A military trial judge shall be a member of the bar of the

highest court of a state, or a member of the bar of a federal court.

C. A military trial judge shall be qualified, by reason of

education, training, experience, and judicial temperament, for duty

as a military trial judge and shall be one of the following:

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1. A commissioned officer of the state military forces who is a

member of the bar of the highest court of a state, or a member of

the bar of a federal court, and who is certified to be qualified for

such duty by the State Judge Advocate;

2. A retired commissioned officer of the state military forces

who is a member of the bar of the highest court of a state, or a

member of the bar of a federal court, and who is certified to be

qualified for such duty by the State Judge Advocate;

3. A judge advocate in any department of the Armed Forces of

the United States serving on active duty within the meaning of Title

10 of the United States Code who is certified to be qualified for

duty as a military trial judge by the Judge Advocate General of the

armed force of which such military trial judge is a member;

4. A judge presently serving in any judicial district within

the State of Oklahoma who possesses at least one (1) year of trial

experience and who currently serves or previously served as a judge

advocate in any department of the Armed Forces of the United States,

to include reserve components of the same;

5. A retired judge or justice who served in any judicial

capacity within the judicial department of the State of Oklahoma and

who previously served as a judge advocate in any department of the

Armed Forces of the United States, to include reserve components of

the same;

6. A federal district court judge presently serving in any

federal judicial district within the State of Oklahoma who possesses

at least one (1) year of trial experience and who previously served

as a judge advocate in any department of the Armed Forces of the

United States, to include reserve components of the same; or

7. A retired federal district court judge or retired federal

appellate court judge who previously served as a judge advocate in

any department of the Armed Forces of the United States, to include

reserve components of the same.

D. 1. In accordance with regulations prescribed under

subsection A of this section, a military trial judge of a general or

special court-martial shall be designated for detail by the senior

force component judge advocate of the same force component as the

accused.

2. Neither the convening authority nor any member of the staff

of the convening authority shall prepare or review any report

concerning the effectiveness, fitness, or efficiency of the military

trial judge so detailed, which relates to the military trial judge's

performance of duty as a military trial judge.

3. A commissioned officer of the state military forces who is

certified to be qualified for duty as a military trial judge of a

general court-martial:

a. may perform such duties only when the officer is

assigned and directly responsible to the senior force

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component judge advocate of the force component of

which the military trial judge is a member, and

b. may perform duties of a judicial or nonjudicial nature

other than those relating to the officer's primary

duty as a military trial judge of a general court-
ch duties only when the officer is

assigned and directly responsible to the senior force

Oklahoma Statutes - Title 44. Militia Page 85

component judge advocate of the force component of

which the military trial judge is a member, and

b. may perform duties of a judicial or nonjudicial nature

other than those relating to the officer's primary

duty as a military trial judge of a general court-

martial only when such duties are assigned to the

officer by or with the approval of that senior force

component judge advocate.

4. A commissioned officer of any department of the Armed Forces

of the United States serving on active duty within the meaning of

Title 10 of the United States Code who, pursuant to the Oklahoma

Uniform Code of Military Justice and the regulations promulgated

pursuant to subsection A of this section, is certified to be

qualified for duty as a military trial judge of a general court-

martial shall not be assigned other duties of a judicial or

nonjudicial nature other than those relating to the officer's

primary duty as a military trial judge of a general court-martial,

except when such duties are assigned to the officer by or with the

approval of the Judge Advocate General of the armed force of which

the military trial judge is a member.

5. In accordance with regulations promulgated by the Adjutant

General, assignments of military trial judges under this section who

are members of the state military forces shall be for appropriate

minimum periods, subject to such exceptions as may be authorized in

the regulations.

6. No military trial judge shall be eligible to review the

record of any trial if such military trial judge served as an

Assistant Attorney General, district attorney, assistant district

attorney or municipal prosecutor who determined or participated in

the determination of whether to prosecute a nonmilitary offense when

the act or omission in question could have violated both the

Oklahoma Uniform Code of Military Justice and state or local

criminal laws.

E. No person is eligible to act as military trial judge in a

case if he or she is the accuser, a witness or has acted as

preliminary hearing officer or a counsel in the same case.

F. The military trial 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 or she vote with the

members of the court.

G. A military trial judge who is a commissioned officer in the

state military forces may be detailed under subsection A of this

section to a court-martial or a proceeding under subsection A of

Section 830 of this title (Article 30, subsection A) that is

convened in a different force component of the state military

forces, when so permitted by the senior force component judge

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advocate of the force component of which the military trial judge is

a member.

H. A military trial judge detailed pursuant to this section who

is not a member of the Oklahoma National Guard shall receive

compensation calculated on the basis of the current basic pay

received by a member in active federal service at the grade of O-6

with twenty (20) years of time in service. The Adjutant General

shall promulgate regulations establishing the method of calculating

compensation for less than full-time service by a military trial

judge retained pursuant to this section who is not a member of the

Oklahoma National Guard. A military trial judge may be paid such

actual and necessary expenses as may be provided for in regulations

promulgated by the Adjutant General.