10 USC § 3037 - Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General’s Corps: appointment; duties

(a) The President, by and with the advice and consent of the Senate, shall appoint the Judge Advocate General, the Deputy Judge Advocate General, and general officers of the Judge Advocate General’s Corps, from officers of the Judge Advocate General’s Corps, who are recommended by the Secretary of the Army. The term of office of the Judge Advocate General and the Deputy Judge Advocate General is four years. The Judge Advocate General, while so serving, has the grade of lieutenant general. An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.

(b) The Judge Advocate General shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State, and who have had at least eight years of experience in legal duties as commissioned officers.

(c) The Judge Advocate General, in addition to other duties prescribed by law—

(1) is the legal adviser of the Secretary of the Army and of all officers and agencies of the Department of the Army;

(2) shall direct the members of the Judge Advocate General’s Corps in the performance of their duties; and

(3) shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions.

(d) Under regulations prescribed by the Secretary of Defense, the Secretary of the Army, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or Deputy Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.

(e) No officer or employee of the Department of Defense may interfere with—

(1) the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Army or the Chief of Staff of the Army; or

(2) the ability of judge advocates of the Army assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 164; Pub. L. 85–861, § 33(a)(18),Sept. 2, 1958, 72 Stat. 1565; Pub. L. 103–337, div. A, title V, § 504(a),Oct. 5, 1994, 108 Stat. 2750; Pub. L. 108–375, div. A, title V, § 574(a),Oct. 28, 2004, 118 Stat. 1921; Pub. L. 109–163, div. A, title V, § 508(a), title X, § 1057(a)(2),Jan. 6, 2006, 119 Stat. 3229, 3440; Pub. L. 110–181, div. A, title V, § 543(a)(1)–(3)(A), Jan. 28, 2008, 122 Stat. 114.)

Historical and Revision Notes

1956 Act

Revised section	Source (U.S. Code)	Source (Statutes at Large)
3037(a)
3037(b)
3037(c)	10:21h(c).
10:61a.
50:741.
10:62.
10:62a.
10:63.	June 28, 1950, ch. 383, § 208(c), 64 Stat. 267.
June 24, 1948, ch. 625, §§ 248, 249, 62 Stat. 643.
May 5, 1950, ch. 169, § 13, 64 Stat. 147.
		R.S. 1199.
		June 23, 1874, ch. 458, § 2, 18 Stat. 244.
		R.S. 1201.

In subsection (a), the words “Notwithstanding any other provision of law” and “for such positions” are omitted as surplusage. The last sentence is substituted for 10:61a (last sentence). 10:21h(c) is omitted as covered by 10:61a.

In subsection (b), the words “Hereafter” and “exclusive of the present incumbents” are omitted as surplusage.

In subsection (c), the words “In addition to duties elsewhere prescribed for him by law”, in 10:62, are omitted as surplusage. The words “and perform such other duties as may be prescribed by the Secretary of the Army”, in 10:62, are omitted as superseded by sections 3012 (e) and 3036 (d) of this title. Clause (2) is substituted for 10:62a (words after semicolon) and 63. The Act of June 23, 1874, ch. 458, § 2 (words before semicolon of 1st sentence, and last sentence), 18 Stat. 244, are not contained in 10:62. They are also omitted from the revised section as superseded by sections 3037 (a) and 3211 of this title.

1958 Act

The change corrects an inadvertence. The source statute for section 3036 (c) of title 10 (the third sentence of sec. 513(a) of the Officer Personnel Act of 1947, 61 Stat. 901), providing for a 4-year term of office, applied also to the Judge Advocate General and the Assistant Judge Advocate General. As restated in section 3036 (c), it now applies only to the officers named in section 3036 (b), which excludes the two officers named. For this reason, the effect of the source statute with respect to those officers is added to section 3037 (a), relating to their appointment.

Amendments

2008—Pub. L. 110–181, § 543(a)(3)(A), amended section catchline generally, substituting “Deputy” for “Assistant”.

Subsec. (a). Pub. L. 110–181, § 543(a)(1), (2)(A), substituted “Deputy Judge Advocate General” for “Assistant Judge Advocate General” wherever appearing and substituted “The Judge Advocate General, while so serving, has the grade of lieutenant general.” for “The Judge Advocate General, while so serving, shall hold a grade not lower than major general.”

Subsec. (d). Pub. L. 110–181, § 543(a)(2)(B), substituted “Deputy Judge Advocate General” for “Assistant Judge Advocate General”.

2006—Subsec. (a). Pub. L. 109–163, § 508(a), substituted “The Judge Advocate General, while so serving, shall hold a grade not lower than major general. An officer appointed as Assistant Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.” for “If an officer who is so appointed holds a lower regular grade, he shall be appointed in the regular grade of major general.”

Subsec. (b). Pub. L. 109–163, § 1057(a)(2), struck out “or Territory” after “a State”.

2004—Subsec. (a). Pub. L. 108–375, § 574(a)(1), substituted “The term of office of the Judge Advocate General and the Assistant Judge Advocate General is four years.” for “An officer appointed as the Judge Advocate General or Assistant Judge Advocate General normally holds office for four years. However, the President may terminate or extend the appointment at any time.”

Subsec. (e). Pub. L. 108–375, § 574(a)(2), added subsec. (e).

1994—Subsec. (d). Pub. L. 103–337added subsec. (d).

1958—Subsec. (a). Pub. L. 85–861provided that the Judge Advocate General or Assistant Judge Advocate General shall normally hold office for four years, and empowered the President to terminate or extend the appointment at any time.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–861effective Aug. 10, 1956, see section 33(g) ofPub. L. 85–861, set out as a note under section 101 of this title.