Title 31

Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in…

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. (Act 2012-334, §1.)

Any person subject to this code who does either of the following shall be punished as a court-martial may direct: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code. (2) Knowingly and intentionally fails to en…

This chapter establishes and defines the operational procedures of the Alabama National Guard Legal Services Office, including the office’s composition, mission, and functions; provides duties and explains policies, objectives, and procedures for the development and maintenance o…

The Operational Law Associate General Counsel shall do all of the following: (1) Serve as coordinator for the Office of General Counsel of all operational law matters in coordination with the State Staff Judge Advocates as necessary. (2) Coordinate and provide support to military…

The Legal Assistance Associate General Counsel shall do all of the following: (1) Serve as coordinator for the Office of General Counsel of all legal assistance matters in coordination with the State Staff Judge Advocates as necessary. (2) Coordinate and provide support to milita…

(a) Command, Wing, and Brigade Judge Advocates shall provide legal services to Major Military Commands, including MACOM, MAJCOM, and Wing in this state through legal offices and legal sections headed by judge advocates within each MACOM, MAJCOM, and Wing. Judge advocates shall be…

(a) In accordance with Army Regulation 27-1, all paralegals and warrant officers are under the direction of a State Staff Judge Advocate with supervision delegated to each Command Judge Advocate, Staff Judge Advocate, or Brigade Judge Advocate, as appropriate, unless employed wit…

(a) The Alabama National Guard, commanders, and supervisory judge advocates shall provide logistical support for the Legal Services Office, including adequate personnel, facilities, supplies, and equipment necessary to carry out its mission and functions in the most professional,…

This chapter applies to all judge advocates and services and personnel thereof at all times, including during federal service. (Act 2025-104, §1.)

(a) The Alabama National Guard and State Military Department shall adopt Army Regulation 27-1 and Air Force Instruction 51-304 as controlling when judge advocates are in federal service and when not in federal service in an advisory capacity. (b) This chapter is supplemental and …

(a) The Legal Services Office shall be a joint office shared by the Alabama Army and Air National Guard. There shall be a State Staff Judge Advocate for both the Army National Guard and the Air National Guard. (b) Each State Staff Judge Advocate shall do all of the following: (1)…

(a) Under the direction of the Adjutant General and in coordination with the State Staff Judge Advocates, the General Counsel shall do all of the following: (1) Advise and support the State Staff Judge Advocates on all judge advocate legal service matters. (2) Advise the Adjutant…

The Deputy General Counsel shall do all of the following: (1) Serve as director for the Legal Services Office, including military justice, legal assistance, administrative law, contract and fiscal law, and any other services as determined and delegated by a State Staff Judge Advo…

The Military Justice Associate General Counsel shall do all of the following: (1) Serve as coordinator of all military justice matters under the direction of the State Staff Judge Advocates and as delegated to the Office of General Counsel. (2) Coordinate and provide support to t…

The Contract and Fiscal Law Associate General Counsel shall do all of the following: (1) Serve as coordinator of all contract and fiscal law matters under the direction of the State Staff Judge Advocates and as delegated to the Office of General Counsel. (2) Coordinate and provid…

The Administrative and Civil Law Associate General Counsel shall do all of the following: (1) Serve as coordinator for the Office of General Counsel of all administrative and civil law matters under the direction of the Adjutant General and State Military Department and in coordi…

This chapter provides policies, roles, responsibilities, and procedures for the Alabama National Guard Legal Assistance Program. This chapter shall not be construed to create any substantive or procedural right against this state or the United States, or any agencies or officers …

Preventative law services are an integral part of the Legal Assistance Program as defined in Army Regulation 27-1 and Air Force Instruction 51-304, the purpose of which is to assist and educate Alabama National Guard members, employees, retirees, and dependents about their legal …

(a) The Legal Assistance Program shall include a Preventative Law Program that does all of the following: (1) Publishes one or more preventative law publications per quarter and distributes the publications via any medium easily accessible to eligible clients. (2) Participates in…

(a) The scope of Alabama National Guard legal services is limited to the types of cases, matters, and services as defined and outlined in Army Regulation 27-3, Air Force Instruction 51-304, and Army National Guard Instruction 51-504. (b) The Alabama National Guard Legal Services …

(a) All judge advocates providing legal assistance must obtain and hold an occupational license from the Alabama State Bar or, with exception and approval of a State Staff Judge Advocate, from another state bar under which the judge advocate is licensed. Further, judge advocates …

Nothing in this chapter shall affect the standards of professional conduct required by the United States Army, United States Air Force, National Guard Bureau, or the Alabama State Bar, nor shall it expand any services of the Legal Services Office or personnel, outside of the scop…

(a) Judge advocates and paralegals while performing duties under Title 10 or Title 32, United States Code, may perform notarial acts, pursuant to 10 U.S.C. § 1044a, or if qualified as a notary public under state law. (b) Pursuant to 10 U.S.C. § 1044a, judge advocates, even when n…

(a) The Legal Assistance Program shall be modeled after Army Regulation 27-3, Air Force Instruction 51-304, and Air National Guard Instruction 51-504. When not in federal service these federal regulations shall be advisory and not controlling and any inconsistencies shall be reso…

(a) The mission of the Legal Assistance Program is to assist eligible clients with managing their personal legal affairs in a timely and professional manner by doing all of the following: (1) Meeting clients’ needs for information on personal legal matters. (2) Resolving clients’…

(a) The Alabama Staff Judge Advocate for the Alabama Army and Air National Guard shall do all of the following: (1) Maintain ultimate responsibility for the overall supervision and administration of the Legal Assistance Program. (2) Through the Director of Legal Services within t…

The Alabama National Guard Legal Assistance Associate General Counsel shall be responsible for legal assistance services in the Alabama National Guard and State Military Department, and shall do all of the following: (1) Provide legal assistance services pursuant to Army Regulati…

Unless inconsistent with superior orders or other duties or responsibilities, all of the following are authorized to provide legal assistance: (1) Judge advocates and personnel supporting the Legal Services Office under the authority of the Adjutant General and State Staff Judge …

(a) The Legal Services Office along with designated supervisory judge advocates shall ensure that all attorneys and non-lawyer assistants providing legal services develop and maintain the requisite level of competency required by the Alabama State Bar, state rules, and federal re…

Eligible clients of the Legal Assistance Program, subject to the limitations described herein, include all of the following: (1) Alabama Army and Air National Guard members, employees, retirees, and their dependents. Retired members of the Alabama National Guard are those retiree…

The Adjutant General or a State Staff Judge Advocate may limit or expand the Legal Assistance Program depending on the space, facilities, or personnel available and the nature and scope of services needed. (Act 2025-104, §2.)

(a) The following words and phrases when used in this chapter shall have the following meanings, respectively, unless the context shall clearly indicate a different meaning in the connection used: (1) AWARDING AUTHORITY. The State Board of Adjustment, created and existing pursuan…

In the event an Alabama national guardsman is killed, either accidentally or deliberately, while on state active duty status as defined by Section 31-12-1, his or her dependents shall be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be paid …

The compensation payable to surviving dependents of Alabama national guardsmen who are killed under the circumstances prescribed in Section 31-3-2 shall be paid to the persons entitled thereto, without administration, or to a guardian or such other person as the awarding authorit…

Compensation pursuant to this chapter for the death of an Alabama national guardsman shall be paid only to his dependents who, at the time of such guardsman’s death, were actually residents of the United States. (Acts 1967, No. 436, p. 1105, §4.)

(a) All claims for compensation as provided in this chapter shall be presented to the awarding authority within one year from the date of the death of the Alabama national guardsman on whom the claimant was dependent; otherwise, they are forfeited. All such claims shall be presen…

The Board of Adjustment, when serving as the awarding authority under this chapter, shall hear and determine claims for compensation under this chapter in the same manner prescribed by law for the hearing and determination by such board of other claims against the state. If, when…

This chapter shall not be construed to give any person a right of action against the State of Alabama in any court for the recovery of the compensation authorized by this chapter. The decision of the awarding authority shall be final, and shall not be subject to appeal to or revi…

The Governor of Alabama, the Adjutant General of Alabama, the Attorney General of Alabama, the two highest ranking Army National Guard officers, and the highest ranking Air National Guard officer, together with three duly qualified electors of Alabama, to be appointed by the Gove…

The power of condemnation granted in this chapter to the Armory Commission of Alabama, and to counties, cities, and incorporated towns, shall be exercised in the manner prescribed in the Code of Alabama. (Acts 1935, No. 276, p. 672; Code 1940, T. 35, §196.)

Any municipality or county owning lands on which no permanent building has been actually constructed, whether such lands constitute part of a park or site for some public structure, is authorized to convey the same to the Armory Commission of Alabama for use as a site for an armo…

All property actually used for armory and military training purposes, as defined in this chapter, shall be exempt from all taxation, import, or assessment. (Acts 1935, No. 276, p. 672; Code 1940, T. 35, §195.)

Whenever any new armory construction is to be made by the Armory Commission of Alabama out of any state moneys without federal aid, the Armory Commission of Alabama shall submit the plans and specifications for such new construction to the technical and engineering staff of the B…

Whenever in the opinion of the Armory Commission it is practicable to do so, each armory of the National Guard or Naval Militia shall contain a room suitable for meetings of associations composed of veterans of the Spanish-American War, the World Wars, the Korean War and the Viet…

The Armory Commission shall also constitute a board for the general management and care of armories and drill and training areas, when established, and shall have the power to adopt and prescribe rules and regulations for the management and government thereof, and to formulate su…