[USC02] 10 USC 948i: Who may serve on military commissions
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10 USC 948i: Who may serve on military commissions Text contains those laws in effect on November 11, 2019
From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 47A-MILITARY COMMISSIONSSUBCHAPTER II-COMPOSITION OF MILITARY COMMISSIONS

§948i. Who may serve on military commissions

(a) In General.-Any commissioned officer of the armed forces on active duty is eligible to serve on a military commission under this chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired commissioned officers recalled to active duty.

(b) Detail of Members.-When convening a military commission under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligible under subsection (a) who, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a military commission when such member is the accuser or a witness for the prosecution or has acted as an investigator or counsel in the same case.

(c) Excuse of Members.-Before a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2576 .)

Prior Provisions

A prior section 948i, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2603 , related to who may serve on military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.