Page 238 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9941

participate in deliberations on findings or sentencing unless the alternate member has become a
member by replacing a member who was excused after impanelment under R.C.M. 912B.
(b) President.
(1) Qual~fications. The president of a court-martial shall be the detailed member senior in
rank then serving.
(2) Duties. The president shall have the same duties as the other members and shall also:
(A) Preside over closed sessions of the members of the court-martial dming their
deliberations; and
(B) Speak for the members of the court-martial when announcing the decision of the
members or requesting instructions from the military judge.
(c) Qual{fications qf military judge and militmy magistrate.
(1) lvfilitwyjudge. A military judge shall be a commissioned officer of the armed forces
who is a member of the bar of a federal court or a member of the bar of the highest court of a
State and who is certified to be qualified, by reason of education, training, experience, and
judicial temperament, for duty as a military judge by the Judge Advocate General of the armed
force of which such military judge is a member. In addition, the military judge of a general
court-martial shall be designated for such duties by the Judge Advocate General or the Judge
Advocate General's designee, certified to be qualified for duty as a military judge of a general
court-martial, and assigned and directly responsible to the Judge Advocate General or the Judge
Advocate General's designee. The Secretary concerned may prescribe additional qualifications
for military judges in special courts-martial.
(2) lvfilitary magistrate. The Secretary concemed may establish a military magistrate
program. A military magistrate shall be a commissioned officer of the armed forces who is a
member of the bar of a federal court or a member of the bar of highest court of a State and who
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 such military magistrate is a member.
(3) Minimum tour lengths. A person assigned for duty as a military judge shall serve as a
military judge for a term of not less than three years, subject to such provisions for
reassignment as may be prescribed in regulations issued by the Secretary concerned.
(d) Counsel.
(1) Qualifications of trial counsel.
(A) General courts-martial. Only persons certified under Article 27(b) as competent to
perform duties as counsel in courts-martial by the Judge Advocate General of the anned force
of which the counsel is a member may be detailed as trial counsel in general courts-martial.
(B) Trial counsel in special courts-martial and assistant trial counsel in general or
special courts-martial. Any commissioned officer may be detailed as trial counsel in special
courts-martial, or as assistant trial counsel in general or special courts-martial if that person-
(i) is determined to be competent to perform such duties by the Judge Advocate
General; and
(ii) takes an oath in accordance with Article 42(a), cer1ifies to the court that the person
has read and is familiar with the applicable rules of procedure, evidence, and professional
responsibility, and meets any additional qualifications the Secretary concerned may establish.
(2) Qual{fications of defense counsel.
(A) Detailed military counsel. Only persons certified under Article 27(b) as competent to
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perfonn duties as counsel in courts-martial by the Judge Advocate General of the armed force

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