U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER VII— TRIAL PROCEDURE

10 U.S.C. § 842

Art. 42. Oaths

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(a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty.(b) Each witness before a court-martial shall be examined on oath.(Aug. 10, 1956, ch. 1041, 70A Stat. 51; Pub. L. 90–632, § 2(18), Oct. 24, 1968, 82 Stat. 1339; Pub. L. 98–209, §§ 2(e), 3(f), Dec. 6, 1983, 97 Stat. 1393, 1395.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

842(a)

842(b)

50:617(a).

50:617(b).

May 5, 1950, ch. 169, § 1 (Art. 42), 64 Stat. 121.

In subsection (a), the word “all” and the word “the” before the words “members”, “trial”, “defense”, and “reporter” are omitted as surplusage.

In subsections (a) and (b), the words “or affirmation” are omitted as covered by the definition of the word “oath” in section 1 of Title 1.

In subsection (b), the words “Each witness” are substituted for the words “All witnesses”.

Editorial NotesAmendments

1983—Subsec. (a). Pub. L. 98–209 struck out “, law specialist,” after “judge advocate” in two places, substituted “assistant or associate defense counsel” for “assistant defense counsel”.

1968—Subsec. (a). Pub. L. 90–632 struck out requirement that the oath given to court-martial personnel be taken in the presence of the accused and provided that the form of the oath, the time and place of its taking, the manner of recording thereof, and whether the oath shall be taken for all cases or for a particular case shall be as prescribed by regulations of the Secretary concerned and contemplated secretarial regulations allowing the administration of an oath to certified legal personnel on a one-time basis.

Statutory Notes and Related SubsidiariesEffective Date of 1983 Amendment

Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.

Notes of Decisions
Cited in 30 cases (5 in the last 5 years), 1947–2023 · leading case: United States v. Quiroz, 55 M.J. 334 (C.A.A.F. 2001).
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United States v. Quiroz, 55 M.J. 334 (C.A.A.F. 2001). · cites it 2× “, C-4 explosives (Article 108, UCMJ), and his conviction for possessing, transporting, storing, and/or selling explosive material knowing it to be stolen ( 10 USC § 842 (h) and Article 134, UCMJ) are an “unreasonable multiplication of charges.”
United States v. Easton, 71 M.J. 168 (C.A.A.F. 2012). · cites it 2× “See Article 42(a), UCMJ, 10 U.S.C. § 842 (2006). Such a panel could not properly function if jeopardy attached when members were sworn since they would not be able to perform any duties without jeopardy attaching.”
United States v. Roach, 66 M.J. 410 (C.A.A.F. 2008). · cites it 2× “07-0870/AF the oath required by Article 42, UCMJ, 10 U.S.C. § 842 (2000), the court concluded that the error was not jurisdictional, nor did it materially affect the substantial rights of the accused.”
United States v. Weiss, 36 M.J. 224 (1992). “He was certified in accordance with Article 26(b), Uniform Code of Military Justice, 10 USC § 826 (b); sworn in accordance with Article 42(a), UCMJ, 10 USC § 842 (a); and detailed to this case.”
United States v. Mitchell, 39 M.J. 131 (1994). “7 The first fact or circumstance of which a reasonable observer would be aware is that he is assessing the impact or possible impact of this fitness-report system on a military judge. See Art. 26(c), UCMJ, 10 USC § 826 (c).”
United States v. Warren, 13 M.J. 278 (1982). “75c(2), Manual for Courts-Martial, United States, 1969 (Revised edition); but this coexistence is limited to presentencing proceedings, and as to guilt or innocence an accused may only testify under oath.”
United States v. Steele, 53 M.J. 274 (C.A.A.F. 2000). · cites it 2× “Under Article 38(b)(2), "The accused may be represented by civilian counsel if provided by him." Neither Article 38 nor any other provision of the Code establishes any qualifications or requisites -- other than the oath -- for a civilian counsel to practice before a…”
Metz v. United States, 61 Fed. Cl. 154 (Fed. Cl. 2004). “See also 10 U.S.C. § 842 (Oaths); R.C.M. 807 (same).”
United States v. Hurt, 9 C.M.A. 735 (1958). “10 USC § 842 . Whether the change is one of substance or form need not concern us because it came after the trial.”
United States v. Miller, 19 M.J. 159 (1985). “1146, Manual, supra, Article 42(a), UCMJ, 10 U.S.C. § 842 (a). This oath obliges “[t]he member” to “undertake to administer justice, not according to his own private views of justice or his personal opinion as to what the law should be, but in strict compliance with” the law and…”
United States v. Albright, 9 C.M.A. 628 (1958). “Article 42 of the Uniform Code of Military Justice, 10 USC § 842 , sets out .the legal requirements of the officers who must take the oath before assuming their duties and functions in a court-martial.”
United States v. Parham, 14 C.M.A. 161 (1963). “Code, supra, Article 42, 10 USC § 842 ; United States v Slozes, 1 USCMA 47 , 1 CMR 47 .”
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