Page:United States Statutes at Large Volume 123.djvu/2597

 123STA T . 2 57 7 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9bestqualif ie d f or t h e dut y by reaso n ofa g e , edu c ation, training, e xp erience, length of ser v ice, and j udicial te m perament .N o member of an armed force is eligible to serve as a member of a military commission w hen such member is the accuser or a witness for the prosecution or has acted as an investigator or counsel in the same case. ‘ ‘ ( c )EXCUSEOFM E MB E R S. —B efore a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case. ‘ ‘ §948j.Mil i tary j udgeof a m ilitary c ommi s sio n ‘‘(a) D E TAIL OF MILITAR YJ U DG E.— A military judge shall be detailed to each military commission under this chapter. T he S ec - retary of Defense shall prescribe regulations providing for the manner in which military judges are so detailed to military commis- sions. The military judge shall preside over each military commis- sion 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 F ederal 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 U niform C ode of Military Justice) as a military judge of general courts-martial by the Judge Advocate G eneral of the armed force of which such military judge is a member. ‘‘(c) IN ELIGIBILITY OF CERTAIN INDI V IDUALS.—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 W IT H MEMBERS INELIGIBILITY TO V OTE.— 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 94 9d of this title), trial counsel, and defense counsel, nor may such military judge vote with the members. ‘‘(e) O THER 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) P ROHIBITION 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 perform- ance of duty as a military judge on the military commission. ‘‘§ 948 k. D etail of trial counsel and defense counsel ‘‘(a) DETAIL OF COUNSEL GENERALLY.—( 1 ) Trial counsel and military defense counsel shall be detailed for each military commis- sion under this chapter. ‘‘(2) Assistant trial counsel and assistant and associate defense counsel may be detailed for a military commission under this chapter. ‘‘( 3 ) Military defense counsel for a military commission under this chapter shall be detailed as soon as practicable. Regulations.