---
kind: "section"
citation: "10 U.S.C. § 948j"
title: "10"
title_heading: "Armed Forces"
number: "948j"
heading: "Military judge of a military commission"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/948j"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter II — Composition of Military Commissions"
---

# §948j. Military judge of a military commission

- (a) **Detail of Military Judge.—** A [military judge](/usc/10/801.md?p=10) shall be detailed to each [military](/usc/10/801.md?p=8) commission under this chapter. The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations providing for the manner in which [military judges](/usc/10/801.md?p=10) are so detailed to [military](/usc/10/801.md?p=8) commissions. The [military judge](/usc/10/801.md?p=10) shall preside over each [military](/usc/10/801.md?p=8) commission to which such [military judge](/usc/10/801.md?p=10) has been detailed.
- (b) **Eligibility.—** A [military judge](/usc/10/801.md?p=10) shall be a [commissioned officer](/usc/10/101.md?p=b-2) of the [armed forces](/usc/10/101.md?p=a-4) who 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 who is certified to be qualified for duty under [section 826 of this title](/usc/10/826.md) (article 26 of the Uniform Code of [Military](/usc/10/801.md?p=8) Justice) as a [military judge](/usc/10/801.md?p=10) of general courts-martial by the [Judge Advocate General](/usc/10/801.md?p=1) of the armed force of which such [military judge](/usc/10/801.md?p=10) is a member.
- (c) **Ineligibility of Certain Individuals.—** No [person](/usc/10/2700.md?p=2) is eligible to act as [military judge](/usc/10/801.md?p=10) in a case of a [military](/usc/10/801.md?p=8) commission under this chapter if such [person](/usc/10/2700.md?p=2) is the [accuser](/usc/10/801.md?p=9) or a witness or has acted as investigator or a counsel in the same case.
- (d) **Consultation With Members; Ineligibility to Vote.—** A [military judge](/usc/10/801.md?p=10) detailed to a [military](/usc/10/801.md?p=8) commission under this chapter may not consult with the members except in the presence of the accused (except as otherwise provided in [section 949d of this title](/usc/10/949d.md)), trial counsel, and defense counsel, nor may such [military judge](/usc/10/801.md?p=10) vote with the members.
- (e) **Other Duties.—** A [commissioned officer](/usc/10/101.md?p=b-2) who is certified to be qualified for duty as a [military judge](/usc/10/801.md?p=10) of a [military](/usc/10/801.md?p=8) commission under this chapter may perform such other duties as are assigned to such [officer](/usc/10/101.md?p=b-1) by or with the approval of the [Judge Advocate General](/usc/10/801.md?p=1) of the armed force of which such [officer](/usc/10/101.md?p=b-1) is a member or the designee of such [Judge Advocate General](/usc/10/801.md?p=1).
- (f) **Prohibition on Evaluation of Fitness by Convening Authority.—** The convening authority of a [military](/usc/10/801.md?p=8) commission under this chapter may not prepare or review any report concerning the effectiveness, fitness, or efficiency of a [military judge](/usc/10/801.md?p=10) detailed to the [military](/usc/10/801.md?p=8) commission which relates to such judge’s performance of duty as a [military judge](/usc/10/801.md?p=10) on the [military](/usc/10/801.md?p=8) commission.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2577.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 948j, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2604, related to military judges of military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.