(1) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same, and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulation or as provided by law. These regulations may provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and if such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.
(2) Each witness before a court-martial shall be examined on oath or affirmation.

Terms Used In Kentucky Statutes 35.210

  • Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:
    (a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one (1) of these. See Kentucky Statutes 35.010
  • Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
  • Military judge: means an official of a general and special court-martial detailed in accordance with KRS §. See Kentucky Statutes 35.010
  • Oath: A promise to tell the truth.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 43, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 28. — Created 1954 Ky. Acts ch. 99, sec. 41, effective July
1, 1954.