§9037 — Title 10 Armed Forces | U.S. Code

Summary

The President picks the Air Force’s Judge Advocate General (JAG) and the Deputy JAG, and the Senate must approve them. Each serves a four-year term. To be chosen, a person must be a licensed lawyer in a federal court or a state’s highest court and must have at least 8 years of legal work as a commissioned Air Force officer. The JAG gives legal advice to the Secretary of the Air Force and to Air Force leaders and agencies, directs Air Force judge advocates in their work, and keeps the official records of courts of inquiry and military commissions. If the JAG position is empty or the JAG is away or disabled, the Deputy JAG fills in until a new JAG serves or the JAG returns. If the Deputy is also unavailable, the heads of the main JAG office divisions will take over in the order set by the Secretary of the Air Force, unless the President says otherwise. Under rules from the Secretary of Defense, the Secretary of the Air Force must use a recommending board when picking these officers and may follow or adapt certain promotion rules (including waiving section 619(a)(2) when needed). No Defense Department employee may stop the JAG or judge advocates from giving independent legal advice to the named leaders. If the JAG is removed early, the Secretary of Defense must tell the Senate and House Armed Services Committees and explain why within 5 days.

Title 10, §9037

Armed Forces — Source: USLM XML via OLRC

(a)There is a Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force. The term of office is four years.

(b)The Judge Advocate General of the Air Force 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 Air Force and of all officers and agencies of the Department of the Air Force;

(2)shall direct the officers of the Air Force designated as judge advocates in the performance of their duties; and

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

(d)(1)There is a Deputy Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force who have the qualifications prescribed in subsection (b) for the Judge Advocate General. The term of office of the Deputy Judge Advocate General is four years.

(2)When there is a vacancy in the office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases.

(3)When paragraph (2) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the heads of the major divisions of the Office of the Judge Advocate General, in the order directed by the Secretary of the Air Force, shall perform the duties of the Judge Advocate General, unless otherwise directed by the President.

(e)(1)Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or under subsection (d) for appointment as the 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.

(2)If the Secretary of the Air Force elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Deputy Judge Advocate General, the Secretary may, in connection with such consideration for selection—

(A)treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and

(B)waive section 619(a)(2) of this title if the Secretary determines that the needs of the Air Force or the Space Force require the waiver.

(f)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 Air Force, the Chief of Staff of the Air Force, or the Chief of Space Operations; or

(2)the ability of officers of the Air Force who are designated as judge advocates who are assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.

(g)If the Judge Advocate General is removed from office before the end of the term of the Judge Advocate General as specified in subsection (a), the Secretary of Defense shall, not later than five days after the removal takes effect, submit to the Committees on Armed Services of the Senate and the House of Representatives notice that the Judge Advocate General is being removed and a statement of the reason for the removal.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 8072(a)8072(b)8072(c)10:1840(a).50:741.10:62, 10:1840(b) (last sentence).Sept. 19, 1951, ch. 407, § 310(a), (b) (less 1st sentence), 65 Stat. 332.

May 5, 1950, ch. 169, § 13 (as applicable to Air Force), 64 Stat. 147. R.S. 1199.

June 23, 1874, ch. 458, § 2, 18 Stat. 244. In subsection (a), the words “subject to the provisions of section 741 of Title 50” are omitted as surplusage. The words “but may be sooner terminated, or extended, by the President” are substituted for 10:1840(a) (last 11 words of 1st sentence, and 2d sentence). 10:1840(a) (1st 46 words of 3d sentence) is omitted as surplusage. 10:1840(a) (last sentence) is omitted as executed. The words “by the President, by and with the advice and consent of the Senate”, as they relate to the appointment as a major general in the Regular Air Force, are omitted as covered by section 8284 of this title. In subsection (b), the words “Hereafter” and “exclusive of the present incumbents” are omitted as surplusage. The words “at least” are substituted for the words “not less than a total”. In subsection (c), 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, since the Air Force does not have organic corps created by statute.

Editorial Notes

Amendments

2025—Subsec. (g). Pub. L. 119–60 added subsec. (g). 2021—Subsec. (e)(2)(B). Pub. L. 116–283, § 923(b)(7)(A), inserted “or the Space Force” after “of the Air Force”. Subsec. (f)(1). Pub. L. 116–283, § 923(b)(7)(B), substituted “the Secretary of the Air Force, the Chief of Staff of the Air Force, or the Chief of Space Operations” for “the Secretary of the Air Force or the Chief of Staff of the Air Force”. 2018—Pub. L. 115–232 renumbered section 8037 of this title as this section. 2017—Subsec. (e). Pub. L. 115–91 designated existing provisions as par. (1) and added par. (2). 2016—Subsec. (a). Pub. L. 114–328, § 502(kk)(1), struck out last sentence which read as follows: “The Judge Advocate General, while so serving, has the grade of lieutenant general.” Subsec. (d)(1). Pub. L. 114–328, § 502(kk)(2), struck out last sentence which read as follows: “An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.” 2008—Subsec. (a). Pub. L. 110–181 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.” 2006—Subsec. (a). Pub. L. 109–163, § 508(c), substituted “The Judge Advocate General, while so serving, shall hold a grade not lower than major general.” for “An appointee who holds a lower regular grade 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(c)(1), struck out “, but may be sooner terminated or extended by the President” after “four years”. Subsec. (c). Pub. L. 108–375, § 574(c)(2)(A), struck out “shall” after “General” in introductory provisions. Subsec. (c)(1) to (3). Pub. L. 108–375, § 574(c)(2)(B)–(D), added pars. (1) and (2), redesignated former par. (1) as (3), inserted “shall” before “receive”, substituted period for “; and” at end, and struck out former par. (2) which read as follows: “perform such other legal duties as may be directed by the Secretary of the Air Force.” Subsec. (d)(1). Pub. L. 108–375, § 574(c)(3), struck out “, but may be sooner terminated or extended by the President” after “four years”. Subsec. (f). Pub. L. 108–375, § 574(c)(4), added subsec. (f). 1996—Subsec. (d)(1). Pub. L. 104–106 substituted “four years” for “two years” and “An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.” for “An officer appointed as Deputy Judge Advocate General shall be appointed in a regular grade to be determined by the Secretary of Defense.” 1994—Subsec. (e). Pub. L. 103–337 added subsec. (e). 1986—Pub. L. 99–433 renumbered section 8072 of this title as this section. 1980—Pub. L. 96–343, § 12(b)(1), substituted “General, Deputy Judge Advocate General:” for “General:” in section catchline. Subsec. (d). Pub. L. 96–343, § 12(a), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

of 1996 Amendment Pub. L. 104–106, div. A, title V, § 507(b), Feb. 10, 1996, 110 Stat. 296, provided that: “The

Amendments

made by subsection (a) [amending this section] apply to any appointment to the position of Deputy Judge Advocate General of the Air Force that is made after the date of the enactment of this Act [Feb. 10, 1996].” Service of Incumbents in Certain Positions Without ReappointmentFor continued service of Judge Advocate General of the Air Force under subsec. (a) of this section or Deputy Judge Advocate General of the Air Force under subsec. (d) of this section after Jan. 1, 2021, without further appointment, notwithstanding amendment by section 923(b)(7) of Pub. L. 116–283, see section 923(f) of Pub. L. 116–283, set out as a note under section 9020 of this title.

§9037 Judge Advocate General, Deputy Judge Advocate General: appointment; duties

Summary

Title 10, §9037

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Amendments

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