10 USC § 806 - Art. 6. Judge advocates and legal officers | Title 10 - Armed Forces | U.S. Code

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Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(a) The assignment for duty of judge advocates of the Army, Navy, Air Force, and Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The assignment for duty of judge advocates of the Marine Corps shall be made by direction of the Commandant of the Marine Corps. The Judge Advocates General, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, or senior members of their staffs, shall make frequent inspections in the field in supervision of the administration of military justice.

(b) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate General.

(c) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as a staff judge advocate or legal officer to any reviewing authority upon the same case.

(d)

(1) A judge advocate who is assigned or detailed to perform the functions of a civil office in the Government of the United States under section 973 (b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the United States in civil and criminal cases.

(2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations providing that reimbursement may be a condition of assistance by judge advocates assigned or detailed under section 973 (b)(2)(B) of this title.

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(a) The assignment for duty of judge advocates of the Army, Navy, Air Force, and Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The assignment for duty of judge advocates of the Marine Corps shall be made by direction of the Commandant of the Marine Corps. The Judge Advocate General or senior members of his staff shall make frequent inspections in the field in supervision of the administration of military justice.

(b) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the Judge Advocate General.

(c) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as a staff judge advocate or legal officer to any reviewing authority upon the same case.

(d)

(1) A judge advocate who is assigned or detailed to perform the functions of a civil office in the Government of the United States under section 973 (b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the United States in civil and criminal cases.

(2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations providing that reimbursement may be a condition of assistance by judge advocates assigned or detailed under section 973 (b)(2)(B) of this title.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 39; Pub. L. 90–179, § 1(3),Dec. 8, 1967, 81 Stat. 545; Pub. L. 90–632, § 2(2),Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98–209, § 2(b),Dec. 6, 1983, 97 Stat. 1393; Pub. L. 99–661, div. A, title VIII, § 807(a),Nov. 14, 1986, 100 Stat. 3909; Pub. L. 107–296, title XVII, § 1704(b)(1),Nov. 25, 2002, 116 Stat. 2314.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
806(a)
806(b)	50:556(a).
50:556(b).	May 5, 1950, ch. 169, § 1 (Art. 6), 64 Stat. 110.
806(c)	50:556(c).

In subsection (b), the word “entitled” is substituted for the word “authorized”.

In subsection (c), the words “may later” are substituted for the words “shall subsequently”.

Amendments

2002—Subsec. (d)(2). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.

1986—Subsec. (d). Pub. L. 99–661added subsec. (d).

1983—Subsec. (a). Pub. L. 98–209substituted “Air Force, and” for “and Air Force and law specialists of the”.

1968—Subsec. (c). Pub. L. 90–632substituted “military judge” for “law officer”.

1967—Subsec. (a). Pub. L. 90–179substituted reference to judge advocates of the Navy for reference to law specialists of the Navy and provided for the assignment of judge advocates of the Marine Corps.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) ofPub. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1986 Amendment

Section 807(b) ofPub. L. 99–661provided that: “The amendment made by subsection (a) [amending this section]—

“(1) shall take effect on the date of the enactment of this Act [Nov. 14, 1986]; and

“(2) may not be construed to invalidate an action taken by a judge advocate, pursuant to an assignment or detail under section 973 (b)(2)(B) of title 10, United States Code, before the date of the enactment of this Act.”

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–209effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) ofPub. L. 98–209, set out as a note under section 801 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–632effective first day of tenth month following October 1968, see section 4 ofPub. L. 90–632, set out as a note under section 801 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013

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10 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 806		2012	112-239 [Sec.] 531(d)(1)	126 Stat. 1726

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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32 CFR - Title 32—National Defense

32 CFR Part 143 - DOD POLICY ON ORGANIZATIONS THAT SEEK TO REPRESENT OR ORGANIZE MEMBERS OF THE ARMED FORCES IN NEGOTIATION OR COLLECTIVE BARGAINING

32 CFR Part 552 - REGULATIONS AFFECTING MILITARY RESERVATIONS

32 CFR Part 637 - MILITARY POLICE INVESTIGATION

32 CFR Part 776 - PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL

10 USC § 806 - Art. 6. Judge advocates and legal officers

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