1. LawStack
  2. Title 10 - ARMED FORCES
  3. Subtitle A - General Military Law
  4. Part II - PERSONNEL
  5. Chapter 47 - Art.I. General Provisions 801 1 II. Apprehension and Restraint 807 7 III. Non-Judicial Punishment 815 15 IV. Court-Martial Jurisdiction 816 16 V. Composition of Courts-Martial 822 22 VI. Pre-Trial Procedure 830 30 VII. Trial Procedure 836 36 VIII. Sentences 855 55 IX. Post-Trial Procedure and Review of Courts-Martial 859 59 X. Punitive Articles 877 77 XI. Miscellaneous Provisions 935 135 XII. United States Court of Appeals for the Armed Forces 941 141
  6. Subchapter V - Art. 822. 22. Who may convene general courts-martial. 823. 23. Who may convene special courts-martial. 824. 24. Who may convene summary courts-martial. 825. 25. Who may serve on courts-martial. 825a. 25a. Number of court-martial members in capital cases. 826. 26. Military judge of a general or special court-martial. 826a. 26a. Military magistrates. 827. 27. Detail of trial counsel and defense counsel. 828. 28. Detail or employment of reporters and interpreters. 829. 29. Assembly and impaneling of members; detail of new members and military judges
  7. 10 USC § 826a
10 USC § 826a
Art. 26a. Military magistrates
October 30, 2020
USC

(a) Qualifications.—A military magistrate shall be a commissioned officer of the armed forces who—

(1) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and

(2) is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military magistrate by the Judge Advocate General of the armed force of which the officer is a member.

(b) Duties.—In accordance with regulations prescribed by the Secretary concerned, in addition to duties when designated under section 819 or 830a of this title (article 19 or 30a), a military magistrate may be assigned to perform other duties of a nonjudicial nature.

Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.
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§ 826 Art. 26. Military judge of a general or special court-martial
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§ 827 Art. 27. Detail of trial counsel and defense counsel

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