39A-5-206.  Military judge — Qualifications — Designation for detail.

(1)  The convening authority of a military court shall, subject to regulations promulgated by the governor, detail a military judge, as designated by the state judge advocate, to preside over each open session of the court.

Terms Used In Utah Code 39A-5-206

  • Accuser: means an individual who:
(a) signs and swears to charges;
(b) directs that charges nominally be signed and sworn to by another; or
(c) any other individual who has an interest other than an official interest in the prosecution of the accused. See Utah Code 39A-5-102
  • Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
  • Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
  • Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
  • Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
  • Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
  • Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
  • Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
    • (2)  A military judge shall be:

    (a)  a commissioned officer;

    (b)  a member of the Utah State Bar;

    (c)  a member of the bar of a federal court; and

    (d)  certified as qualified for duty by the state judge advocate.

    (3)  Unless the military court is convened by the governor, neither the adjutant general nor the adjutant general’s staff may prepare or review any report concerning the effectiveness, fitness, or efficiency of the detailed military judge that relates to the judge’s performance of duty as a military judge.

    (4)  An individual is not eligible to act as a military judge in a case if the individual:

    (a)  is the accuser;

    (b)  is a witness in the case;

    (c)  has acted as investigating officer; or

    (d)  is a counsel in the same case.

    (5)  The military judge of a court may not:

    (a)  consult with the members of the court, except in the presence of the accused, trial counsel, and defense counsel; or

    (b)  vote with the members of the court.

    Renumbered and Amended by Chapter 373, 2022 General Session

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