Page:United States Statutes at Large Volume 82.djvu/1378

 1336

70AStat. 46;

70A Stat. 43.

Post, p. 1338-

10 USC 822 829.

PUBLIC LAW 90-632-OCT. 24, 1968

[82 STAT.

conduct discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under section 827(b) of this title (article 27(b)) was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. I n any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed." (g) Xhe jsecoud and third sentences of section 820 (article 20) are amended to read as follows: "No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate." (7) Section 825(c)(1) (article 25(c)(1)) is amended— (A) by striking out "before the convening of the court," in the first sentence and inserting "before the conclusion of a session called by the military judge under section 83&(a) of this title (article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused," in place thereof; and (B) by striking out "convened" in the last sentence and inserting "assembled" in place thereof. (8) Subchapter V is amended by striking out the following item in the analysis: "826.26. Law officer of a general court-martial." and inserting the following item in place thereof: "826. 26. Military judge of a general or special court-m>artial." (9) Section 826 (article 26) is amended to read as follows: ''§826. Art. 26. Military judge of a general or special courtmartial " (a) The authority convening a general court-martial shall, and, subject to regulations of the Secretary concerned, the authority convening a special court-martial may, detail a military judge thereto. A military judge shall preside over each open session of the courtmartial to which he has been detailed. " (b) 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 (lualified for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member. "(c) The military judge of a general court-martial shall be designated by the Judge Advocate General, or his designee, of the armed force of which the military judge is a member for detail by the convening authority, and, unless the court-martial was convened by the President or the Secretary concerned, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge. A commissioned officer who is certified to be qualified for duty as a military judge of a general court-martial may perform such duties only when he is assigned and directly responsible to the Judge Advocate General, or his designee, of the armed force of which the military judge is a member and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a general court-martial when such duties are assigned to him

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