55-422.

Court-martial; military judge; qualifications.

(1) The authority convening a court-martial shall detail a military judge thereto. A military judge shall preside over each open session of the court-martial to which he had been detailed.

(2) A military judge shall be a commissioned officer of the National Guard or a retired officer of the reserve components of the armed forces of the United States who is a member of the bar of the Supreme Court of Nebraska and who is certified to be qualified for such duty by the State Judge Advocate. The State Judge Advocate may recommend to the Adjutant General that he order to active duty retired personnel of the United States Armed Forces who are qualified to act as a military judge.

(3) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigation officer or a counsel in the same case.

(4) Neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness or efficiency of a military judge which relates to his performance of duty as such. A commissioned officer who is certified to be qualified for duty as a military judge of a court-martial may perform such duties only when he is assigned and directly responsible to the State Judge Advocate and may perform duties of a judicial or nonjudicial nature other than those relating to his primary duty as a military judge of a court-martial when such duties are assigned to him by or with the approval of the State Judge Advocate. The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he vote with the members of the court.