Notes on 10 U.S.C. § 826 : US Code - Notes

Search Notes on 10 U.S.C. § 826 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90-632, Sec. 2(9),
Oct. 24, 1968, 82 Stat. 1336; Pub. L. 98-209, Sec. 3(c)(1), Dec. 6,
1983, 97 Stat. 1394.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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826(a) 50:590(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 26), 64
Stat. 117.
826(b)
50:590(b).
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In subsection (a), the words "a commissioned" are substituted for
the word "an" for clarity. The words "of the United States" are
omitted as surplusage. The word "is" is substituted for the words
"shall be". The word "if" is substituted for the word "when". The
word "detail" is substituted for the word "appoint", since the
filling of the position involved is not appointment to an office in
the constitutional sense.
In subsection (b), the word "may" is substituted for the word
"shall".
AMENDMENTS
1983 - Subsec. (a). Pub. L. 98-209, Sec. 3(c)(1)(A), amended
subsec. (a) generally, inserting provision requiring the Secretary
concerned to prescribe regulations providing for the manner in
which military judges are detailed for courts-martial and for the
persons who are authorized to detail military judges for such
courts-martial.
Subsec. (c). Pub. L. 98-209, Sec. 3(c)(1)(B), substituted "in
accordance with regulations prescribed under subsection (a).
Unless" for "by the convening authority, and, unless".
1968 - Pub. L. 90-632 substituted "military judge" for "law
officer" and inserted reference to special court-martial.
Subsec. (a). Pub. L. 90-632 substituted reference to military
judge for references to law officer and such law officer's
requisite qualifications, inserted reference to special court-
martial and regulations of the Secretary concerned governing the
convening of a special court-martial, inserted provisions directing
the military judge to preside over the open sessions of the court-
martial to which he was assigned, and struck out provisions making
law officers ineligible in a case in which he was the accuser or a
witness for the prosecution or acted as investigating officer or as
counsel.
Subsecs. (b) to (d). Pub. L. 90-632 added subsecs. (b) to (d).
Former subsec. (b) redesignated as subsec. (e) and amended.
Subsec. (e). Pub. L. 90-632 redesignated former subsec. (b) as
(e) and substituted "military judge" for "law officer" and struck
out provision allowing consultation with members of the court on
the form of the findings as provided in section 839 of this title
(article 39).
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-209 effective first day of eighth
calendar month beginning after Dec. 6, 1983, but not to affect the
designation or detail of a military judge or military counsel to a
court-martial before that date, see section 12(a)(1), (2) of Pub.
L. 98-209, set out as a note under section 801 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-632 effective first day of tenth month
following October 1968, see section 4 of Pub. L. 90-632, set out as
a note under section 801 of this title.
STATUTORY REFERENCES TO LAW OFFICER DEEMED REFERENCES TO MILITARY
JUDGE
Section 3(a) of Pub. L. 90-632 provided that: "Whenever the term
law officer is used, with reference to any officer detailed to a
court-martial pursuant to section 826(a) (article 26(a)) of title
10, United States Code [subsec. (a) of this section], in any
provision of Federal law (other than provisions amended by this Act
[see Short Title of 1968 Amendment note set out under section 801
of this title] or in any regulation, document, or record of the
United States, such term shall be deemed to mean military judge."