{"data":{"id":"us-ny/n.y.-military-law-130.26","jurisdiction":"us-ny","citation":"N.Y. Military Law § 130.26","heading":"Military judge of a general court-martial or special court-martial","body":"§ 130.26.  Military judge of a general court-martial or special\ncourt-martial.  (a) The authority convening a general court-martial\nshall, and, subject to such regulations as may be issued pursuant to\nthis chapter, the authority convening a special court-martial may,\ndetail a military judge thereto. A military judge shall preside over\neach open session of the court-martial to which he has been detailed.\n  (b) A military judge shall be a commissioned officer of a force of the\norganized militia or a person on the state reserve list or state retired\nlist who is a member of the bar of this state and who is certified to be\nqualified for duty as a military judge by the state judge advocate.\n  (c) The military judge of a general court-martial shall be designated\nby the state judge advocate, or his designee, for detail by the\nconvening authority. A commissioned officer who is certified to be\nqualified for duty as a military judge when performing such duties shall\nbe assigned and directly responsible to the state judge advocate, or his\ndesignee.\n  (d) No person is eligible to act as a military judge in a case if he\nis the accuser or a witness for the prosecution or has acted as\ninvestigating officer or counsel in the same case.\n  (e) The military judge of a court-martial may not consult with the\nmembers of the court except in the presence of the accused, trial\ncounsel, and the defense counsel, nor may he vote with the members of\nthe court.","path":["Military Law","Article 7. Code of Military Justice","Part 5. Appointment and Composition of Courts-martial"],"source_url":"https://legislation.nysenate.gov/api/3/laws/MIL/130.26","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"9e3b1177292233b2b762692cf85d9870df0e9a74092d3a564459e9f75106931c","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-military-law-130.25","next":"us-ny/n.y.-military-law-130.27"},"notice":"GroundRules: Original legal text. Not legal advice."}