N.Y. Military Law § 130.26: Military judge of a general court-martial or special court-martial

§ 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.