{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-826a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-826A","heading":"Military magistrates","body":"ARTICLE 26A. Military magistrates.\n\nA. Qualifications. A military magistrate:\n\n1. Shall be a member of the bar of a federal court or a member\n\nof the bar of the highest court of a state and may be a commissioned\n\nofficer of the state military forces; and\n\n2. Shall be certified to be qualified, by reason of education,\n\ntraining, experience and judicial temperament, for duty as a\n\nmilitary magistrate by the State Judge Advocate.\n\nB. Limitations.\n\n1. Neither the State Judge Advocate nor a senior force\n\ncomponent judge advocate shall be detailed or appointed as a\n\nmilitary magistrate.\n\n2. When performing the duties provided for in subsection C of\n\nSection 17 of this act (Article 30A, subsection C), no person shall\n\nbe eligible to act as a military magistrate in a case where such\n\nperson serves as an Assistant Attorney General, district attorney,\n\nassistant district attorney or municipal prosecutor who could\n\ndetermine or participate in the determination of whether to\n\nprosecute a nonmilitary offense when the act or omission in question\n\ncould have violated both the Oklahoma Uniform Code of Military\n\nJustice and state or local criminal laws.\n\n3. When performing the duties provided for in subsection C of\n\nthis section, no person shall be eligible to act as a military\n\nmagistrate in a case where such person served as an Assistant\n\nAttorney General, district attorney, assistant district attorney or\n\nmunicipal prosecutor who determined or participated in the\n\ndetermination of whether to prosecute a nonmilitary offense when the\n\nact or omission in question could have violated both the Oklahoma\n\nUniform Code of Military Justice and state or local criminal laws.\n\n4. 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 a military\n\nmagistrate so detailed or retained which relates to the military\n\nmagistrate's performance of duty as a military magistrate.\n\n5. A person shall not act as a military magistrate in any case\n\nthat he or she is the accuser, a witness or has acted as counsel in\n\nthe same case.\n\nC. Appellate remand. A military magistrate may be detailed or\n\nretained pursuant to this section for purposes of conducting an\n\nappellate proceeding on behalf of the Military Court of Appeals\n\nordered pursuant to paragraph 3 of subsection J of Section 866 of\n\nTitle 44 of the Oklahoma Statutes (Article 66, subsection J,\n\nparagraph 3).\n\nD. Duties. In accordance with regulations promulgated by the\n\nAdjutant General, in addition to duties when detailed under Section\n\n17 of this act (Article 30A), a military magistrate, who is also a\n\ncommissioned officer of the state military forces, may be assigned\n\nto perform other duties of a nonjudicial nature.\n\nE. The compensation of a military magistrate retained pursuant\n\nto this section who is not a member of the Oklahoma National Guard\n\nshall be established pursuant to regulations promulgated by the\n\nAdjutant General. Such regulations may allow for payment of actual\n\nand necessary expenses.","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":"be67e4fd5714ff7b38ac3d8c72879b6322e4a718fd69375675161dc50031cf60","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-826","next":"us-ok/okla.-stat.-tit.-44-44-827"},"notice":"GroundRules: Original legal text. Not legal advice."}