(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.
(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.
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”.
2013—Subsec. (a). Pub. L. 112–239substituted “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” for “The Judge Advocate General or senior members of his staff shall”.
2002—Subsec. (d)(2). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation”.
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
Pub. L. 99–661, div. A, title VIII, § 807(b),Nov. 14, 1986, 100 Stat. 3909, provided 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 Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.