Title 31 — Title 31

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…

Act 2026-289) [Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. The Operational Law Associate General Counsel shall do all of the following: (1) Serve as coordinator of all operational law matters und…

Act 2026-289) [Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. The Legal Assistance Associate General Counsel shall do all of the following: (1) Serve as coordinator of all legal assistance matters u…

Advocates; Supervisory Judge Advocates; Duties of Command Judge Advocate, Staff Judge Advocate, and Brigade Judge Advocate. [Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. (a) Command, Wing, and Bri…

Act 2026-289) [Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. (a) In accordance with Army Regulation 27-1, all paralegals and warrant officers are under the direction of a State Staff Judge Advocate…

(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. History: (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 …

2026-289) [Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. (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 …

by Act 2026-289) [Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. (a) Under the direction of the Adjutant General and the State Staff Judge Advocates, the General Counsel shall do all of the followin…

[Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. The Deputy General Counsel shall do all of the following: (1) Serve as director for the Legal Services Office, including military justice, legal assis…

2026-289) [Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. The Military Justice Associate General Counsel shall do all of the following: (1) Serve as coordinator of all military justice matters under…

(Amended by Act 2026-289) [Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. The Contract and Fiscal Law Associate General Counsel shall do all of the following: (1) Serve as coordinator of all contrac…

(Amended by Act 2026-289) [Effective until October 1, 2026.] THIS ACT WAS AMENDED BY ACT 2026-289, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR AMENDED LANGUAGE. The Administrative and Civil Law Associate General Counsel shall do all of the following: (1) Serve as coordinator of all ad…

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 …

Reimbursement of Certain Fees; Presentations by Legal Assistance Attorneys; Coordination by Legal Services Office. (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…

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’…

National Guard. (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 S…

Counsel. 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…

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 …

Providing Legal Services; Continuing Legal Education and Training. (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 compet…

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. History: (Act 2025-104, §2.)

by 2025) Definitions. (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, create…

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 …

Dependents. 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 award…

States. 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. History: (Acts 1967, No. 436, p. 1105, §4.)

Procedure for Determination of Claims Generally. (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, th…

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. History: (Acts 1935, No. 276, p. 672; Code 1940, T. 35, §196.)

Commission for Use as Armory Sites. 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 A…

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

Building Commission. 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 engin…

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…

Control. 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 for…

When the State Armory Commission shall receive information from the Governor of the disbandment of an organization of the National Guard or Naval Militia of Alabama occupying or using an armory provided under the direction of the Armory Commission, it shall be the duty of the com…

Naval Militia Organizations. Every city and county in the State of Alabama now having, or that may hereafter have, an active National Guard or Naval Militia organization or organizations within its boundaries is hereby authorized and empowered to render such financial assistance …

In the event that any real property is donated to a National Guard or Naval Militia organization or organizations, which organization or organizations shall fail or refuse to use same, or shall, after accepting same, be disbanded, the title to the real property thus donated shall…

Armories, Etc. In order that there shall be provided maintenance funds for amories and other buildings erected and areas provided for drill and training and other military purposes under the provisions of this chapter, the Adjutant General of this state is authorized to pay out o…

The Armory Commission may, by filing with the Secretary of State of the State of Alabama, become a public body and a body corporate when the members of the commission shall present to the Secretary of State of the State of Alabama an application signed by them which shall set for…

Quorum; Delegation of Powers and Duties to Executive Committee. The commission may in its corporate name sue and be sued, contract and be contracted with, acquire real and personal property by gift, purchase, lease, hire, or condemnation, and may do all things and exercise all ri…

Units of State Colleges, Etc. In addition to the powers now conferred by law, the Armory Commission of Alabama is hereby authorized and empowered to execute and deliver a bond, with or without surety, in such manner and on such terms and conditions as may be required by the Unite…