Chapter 94 Oregon Laws 1999

Session Law

AN ACT

HB 2253

Relating to courts-martial; amending ORS 398.135, 398.136 and 398.138.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 398.135 is amended to read:

398.135. (1) The authority convening a general court-martial or the State Judge Advocate shall detail a military judge to the general court-martial.[, and,] Subject to rules of the Governor, the authority convening a special court-martial or the State Judge Advocate may[,] detail a military judge [thereto] to the special court-martial. A military judge shall preside over each open session of the court-martial to which the judge has been detailed.

(2) A military judge shall be a commissioned officer of the organized militia or of any of the Armed Forces of the United States, be [who is] a member of the bar of the highest court of a state[,] or a member of the bar of a federal court[,] and [who is] be certified to be qualified for such duty by the State Judge Advocate.

(3) The military judge of a general or special court-martial shall be designated by the State Judge Advocate, or designee, for detail by the convening authority, and, unless the court-martial was convened by the Governor, neither the convening authority nor any member of the staff of the convening authority shall prepare or review any report concerning the effectiveness, fitness, or efficiency of the military judge so detailed, which relates to performance of duty as a military judge.

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

(5) 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 the military judge vote with members of the court.

SECTION 2. ORS 398.136 is amended to read:

398.136. (1) For each general and special court-martial the [authority convening the court] staff judge advocate for the unit, command or organization shall detail trial counsel and such assistants as the staff judge advocate considers appropriate. The State Judge Advocate shall detail defense counsel[, and such assistants as the convening authority considers appropriate]. No person who has acted as investigating officer, military judge or court member in any case may act later as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.

(2) Trial counsel or defense counsel detailed for a general court-martial must be:

(a) A person who is a member of the bar of the highest court of this state, or a member of the bar of a federal court; and

(b) Certified as competent to perform such duties by the State Judge Advocate.

(3) In the case of a special court-martial:

(a) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the [convening authority] State Judge Advocate must be a person similarly qualified; and

(b) If the trial counsel is a member of the bar of the highest court of this state, the defense counsel detailed by the [convening authority] State Judge Advocate must have the same qualifications.

SECTION 3. ORS 398.138 is amended to read:

398.138. Under such regulations as the Governor may prescribe: [, the convening authority of a general or special court-martial or court of inquiry shall detail or employ]

(1) Qualified court reporters[, who] shall be detailed or employed for each general or special court-martial or court of inquiry to record the proceedings of and testimony taken before that court.

(2) [Under like regulations the convening authority of a military court may detail or employ] Interpreters [who shall] may be detailed or employed for each general or special court-martial or court of inquiry to interpret for the court.

Approved by the Governor April 23, 1999

Filed in the office of Secretary of State April 23, 1999

Effective date October 23, 1999

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