{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-826","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-826","heading":"Military trial judge of a general or special court-","body":"martial.\n\nARTICLE 26. Military trial judge of a general or special court-\n\nmartial.\n\nA. A military trial judge shall be detailed to each general and\n\nspecial court-martial. The Adjutant General shall promulgate\n\nregulations prescribing the manner of selection, certification and\n\ndetailing of military trial judges for such general and special\n\ncourts-martial. The military trial judge shall preside over each\n\nopen session of the court-martial to which he or she has been\n\ndetailed.\n\nB. A military trial judge shall be a member of the bar of the\n\nhighest court of a state, or a member of the bar of a federal court.\n\nC. A military trial judge shall be qualified, by reason of\n\neducation, training, experience, and judicial temperament, for duty\n\nas a military trial judge and shall be one of the following:\n\n1. A commissioned officer of the state military forces who is a\n\nmember of the bar of the highest court of a state, or a member of\n\nthe bar of a federal court, and who is certified to be qualified for\n\nsuch duty by the State Judge Advocate;\n\n2. A retired commissioned officer of the state military forces\n\nwho is a member of the bar of the highest court of a state, or a\n\nmember of the bar of a federal court, and who is certified to be\n\nqualified for such duty by the State Judge Advocate;\n\n3. A judge advocate in any department of the Armed Forces of\n\nthe United States serving on active duty within the meaning of Title\n\n10 of the United States Code who is certified to be qualified for\n\nduty as a military trial judge by the Judge Advocate General of the\n\narmed force of which such military trial judge is a member;\n\n4. A judge presently serving in any judicial district within\n\nthe State of Oklahoma who possesses at least one (1) year of trial\n\nexperience and who currently serves or previously served as a judge\n\nadvocate in any department of the Armed Forces of the United States,\n\nto include reserve components of the same;\n\n5. A retired judge or justice who served in any judicial\n\ncapacity within the judicial department of the State of Oklahoma and\n\nwho previously served as a judge advocate in any department of the\n\nArmed Forces of the United States, to include reserve components of\n\nthe same;\n\n6. A federal district court judge presently serving in any\n\nfederal judicial district within the State of Oklahoma who possesses\n\nat least one (1) year of trial experience and who previously served\n\nas a judge advocate in any department of the Armed Forces of the\n\nUnited States, to include reserve components of the same; or\n\n7. A retired federal district court judge or retired federal\n\nappellate court judge who previously served as a judge advocate in\n\nany department of the Armed Forces of the United States, to include\n\nreserve components of the same.\n\nD. 1. In accordance with regulations prescribed under\n\nsubsection A of this section, a military trial judge of a general or\n\nspecial court-martial shall be designated for detail by the senior\n\nforce component judge advocate of the same force component as the\n\naccused.\n\n2. Neither the convening authority nor any member of the staff\n\nof the convening authority shall prepare or review any report\n\nconcerning the effectiveness, fitness, or efficiency of the military\n\ntrial judge so detailed, which relates to the military trial judge's\n\nperformance of duty as a military trial judge.\n\n3. A commissioned officer of the state military forces who is\n\ncertified to be qualified for duty as a military trial judge of a\n\ngeneral court-martial:\n\na. may perform such duties only when the officer is\n\nassigned and directly responsible to the senior force\n\ncomponent judge advocate of the force component of\n\nwhich the military trial judge is a member, and\n\nb. may perform duties of a judicial or nonjudicial nature\n\nother than those relating to the officer's primary\n\nduty as a military trial judge of a general court-\nch duties only when the officer is\n\nassigned and directly responsible to the senior force\n\ncomponent judge advocate of the force component of\n\nwhich the military trial judge is a member, and\n\nb. may perform duties of a judicial or nonjudicial nature\n\nother than those relating to the officer's primary\n\nduty as a military trial judge of a general court-\n\nmartial only when such duties are assigned to the\n\nofficer by or with the approval of that senior force\n\ncomponent judge advocate.\n\n4. A commissioned officer of any department of the Armed Forces\n\nof the United States serving on active duty within the meaning of\n\nTitle 10 of the United States Code who, pursuant to the Oklahoma\n\nUniform Code of Military Justice and the regulations promulgated\n\npursuant to subsection A of this section, is certified to be\n\nqualified for duty as a military trial judge of a general court-\n\nmartial shall not be assigned other duties of a judicial or\n\nnonjudicial nature other than those relating to the officer's\n\nprimary duty as a military trial judge of a general court-martial,\n\nexcept when such duties are assigned to the officer by or with the\n\napproval of the Judge Advocate General of the armed force of which\n\nthe military trial judge is a member.\n\n5. In accordance with regulations promulgated by the Adjutant\n\nGeneral, assignments of military trial judges under this section who\n\nare members of the state military forces shall be for appropriate\n\nminimum periods, subject to such exceptions as may be authorized in\n\nthe regulations.\n\n6. No military trial judge shall be eligible to review the\n\nrecord of any trial if such military trial judge served as an\n\nAssistant Attorney General, district attorney, assistant district\n\nattorney or municipal prosecutor who determined or participated in\n\nthe determination of whether to prosecute a nonmilitary offense when\n\nthe act or omission in question could have violated both the\n\nOklahoma Uniform Code of Military Justice and state or local\n\ncriminal laws.\n\nE. No person is eligible to act as military trial judge in a\n\ncase if he or she is the accuser, a witness or has acted as\n\npreliminary hearing officer or a counsel in the same case.\n\nF. The military trial judge of a court-martial may not consult\n\nwith the members of the court except in the presence of the accused,\n\ntrial counsel, and defense counsel, nor may he or she vote with the\n\nmembers of the court.\n\nG. A military trial judge who is a commissioned officer in the\n\nstate military forces may be detailed under subsection A of this\n\nsection to a court-martial or a proceeding under subsection A of\n\nSection 830 of this title (Article 30, subsection A) that is\n\nconvened in a different force component of the state military\n\nforces, when so permitted by the senior force component judge\n\nadvocate of the force component of which the military trial judge is\n\na member.\n\nH. A military trial judge detailed pursuant to this section who\n\nis not a member of the Oklahoma National Guard shall receive\n\ncompensation calculated on the basis of the current basic pay\n\nreceived by a member in active federal service at the grade of O-6\n\nwith twenty (20) years of time in service. The Adjutant General\n\nshall promulgate regulations establishing the method of calculating\n\ncompensation for less than full-time service by a military trial\n\njudge retained pursuant to this section who is not a member of the\n\nOklahoma National Guard. A military trial judge may be paid such\n\nactual and necessary expenses as may be provided for in regulations\n\npromulgated by the Adjutant General.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a3032200891bec35d746917ea8ecfc193cbaf45682deb938d3d1ccfc69cdcb53","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-825","next":"us-ok/okla.-stat.-tit.-44-44-826a"},"notice":"GroundRules: Original legal text. Not legal advice."}