U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47A— MILITARY COMMISSIONS › Subchapter SUBCHAPTER II— COMPOSITION OF MILITARY COMMISSIONS

10 U.S.C. § 948j

Military judge of a military commission

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 10 CasesGoogle Scholar
(a)Detail of Military Judge.—A military judge shall be detailed to each military commission under this chapter. The Secretary of Defense shall prescribe regulations providing for the manner in which military judges are so detailed to military commissions. The military judge shall preside over each military commission to which such military judge has been detailed.(b)Eligibility.—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 for duty under section 826 of this title (article 26 of the Uniform Code of Military Justice) as a military judge of general courts-martial by the Judge Advocate General of the armed force of which such military judge is a member.(c)Ineligibility of Certain Individuals.—No person is eligible to act as military judge in a case of a military commission under this chapter if such person is the accuser or a witness or has acted as investigator or a counsel in the same case.(d)Consultation With Members; Ineligibility to Vote.—A military judge detailed to a military commission under this chapter may not consult with the members except in the presence of the accused (except as otherwise provided in section 949d of this title), trial counsel, and defense counsel, nor may such military judge vote with the members.(e)Other Duties.—A commissioned officer who is certified to be qualified for duty as a military judge of a military commission under this chapter may perform such other duties as are assigned to such officer by or with the approval of the Judge Advocate General of the armed force of which such officer is a member or the designee of such Judge Advocate General.(f)Prohibition on Evaluation of Fitness by Convening Authority.—The convening authority of a military commission under this chapter may not prepare or review any report concerning the effectiveness, fitness, or efficiency of a military judge detailed to the military commission which relates to such judge’s performance of duty as a military judge on the military commission.(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2577.)Editorial NotesPrior Provisions

A prior section 948j, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2604, related to military judges of military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.

Notes of Decisions
Cited in 3 cases, 2008–2018 · leading case: Hamdan v. Gates, 565 F. Supp. 2d 130 (D.D.C. 2008).
Sort: Relevance Newest Treatment
Hamdan v. Gates, 565 F. Supp. 2d 130 (D.D.C. 2008). “§§ 948i, 948m, and is presided over by a military judge, 10 U.S.C. § 948j. Many of the procedures for an MCA commission parallel those that had been established by the President’s order.”
United States v. Al-Nashiri, 374 F. Supp. 3d 1190 (Regl. Rail Reorg. Act 2018). “Authority of the Military Judge over Excusal of SDC When the UCMJ was amended in 1968, Congress intended military judges to have powers during trials similar to that of U.”
United States v. Al Bahlul, 807 F. Supp. 2d 1115 (M.C. 2011). “In accordance with 10 U.S.C. § 948j(b), a military appellate 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 for duty under…”
— 10 U.S.C. § 948j(a) — 1 case
United States v. Al-Nashiri, 374 F. Supp. 3d 1190 (Regl. Rail Reorg. Act 2018). “Authority of the Military Judge over Excusal of SDC When the UCMJ was amended in 1968, Congress intended military judges to have powers during trials similar to that of U.”
— 10 U.S.C. § 948j(b) — 1 case
United States v. Al Bahlul, 807 F. Supp. 2d 1115 (M.C. 2011). “In accordance with 10 U.S.C. § 948j(b), a military appellate 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 for duty under…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.