---
kind: "section"
citation: "10 U.S.C. § 826a"
title: "10"
title_heading: "Armed Forces"
number: "826a"
heading: "Art. 26a. Military magistrates"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/826a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47 — Uniform Code of Military Justice"
  - "Subchapter V — Composition of Courts-Martial"
---

# §826a. Art. 26a. Military magistrates

- (a) **Qualifications.—** A [military magistrate](/usc/10/801.md?p=11) shall be a [commissioned officer](/usc/10/101.md?p=b-2) of the [armed forces](/usc/10/101.md?p=a-4) who—
  - (1) is a member of the bar of a Federal court or a member of the bar of the highest court of a [State](/usc/10/4951.md?p=4); and
  - (2) is certified to be qualified, by reason of education, [training](/usc/10/301.md?p=9), experience, and judicial temperament, for duty as a [military magistrate](/usc/10/801.md?p=11) by the [Judge Advocate General](/usc/10/801.md?p=1) of the armed force of which the [officer](/usc/10/101.md?p=b-1) is a member.
- (b) **Duties.—** In accordance with regulations prescribed by the [Secretary concerned](/usc/10/2801.md?p=c-5), in addition to duties when designated under section [819](/usc/10/819.md) or [830a](/usc/10/830a.md) of this title (article 19 or 30a), a [military magistrate](/usc/10/801.md?p=11) may be assigned to perform other duties of a nonjudicial nature.

## Source credit

(Added Pub. L. 114–328, div. E, title LV, § 5185, Dec. 23, 2016, 130 Stat. 2901.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.