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

Summary

Only service members who are licensed lawyers before their state’s highest court and who keep that license active and under the courts’ discipline may serve as judge advocates. If a judge advocate loses those lawyer qualifications, the Judge Advocates General (or the Marine Corps’ Staff Judge Advocate) can stop them from doing legal work. Anyone suspended or disbarred from law practice in a jurisdiction may not perform legal duties. Judge advocates are assigned by the Judge Advocates General for each service (and by the Marine Corps Commandant for Marines). Those leaders or their senior staff must check on military justice in the field often. There must be enough qualified judge advocates to advise commanders who plan or run military operations (including commanders in combatant commands and the U.S. part of NORAD under sections 161 and 162) and commanders who can convene courts-martial (see sections 822–824). Commanders must talk directly with their staff judge advocates or legal officers about military justice, and legal officers may talk directly with legal officers above or below them or with the Judge Advocate General. Anyone who served as a judge, hearing officer, or counsel in a case may not later act as a staff judge advocate or legal officer on the same case. Judge advocates detailed to civilian agencies may represent the United States in civil or criminal matters, and the Secretary of Defense (and the Secretary of Homeland Security for the Coast Guard when it is not operating as part of the Navy) must set rules allowing reimbursement as a condition of that assistance.

Title 10, §806

Armed Forces — Source: USLM XML via OLRC

(a)(1)A member of the armed forces may only serve as a judge advocate if such member—

(A)is admitted to the practice of law before the highest court of a State, territory, commonwealth, or the District of Columbia;

(B)maintains a license status that provides current eligibility to actively practice law before such court;

(C)is subject to the disciplinary review process of the jurisdiction in which such member maintains such a license status; and

(D)is in compliance with any other requirements of such jurisdiction to remain eligible to practice law in such jurisdiction.

(2)The Judge Advocates General of the Army, Navy, Air Force, and Coast Guard and the Staff Judge Advocate to the Commandant of the Marine Corps may suspend the authority of a judge advocate of the Army, Navy, Air Force, Coast Guard, or Marine Corps, respectively, to perform legal duties if such judge advocate becomes noncompliant with the requirements of paragraph (1). A member of the armed forces who is suspended or disbarred from the practice of law within a jurisdiction may not perform legal duties.

(b)(1)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.

(2)The assignment for duty of judge advocates pursuant to this subsection shall include qualified judge advocates in numbers sufficient to provide legal advice to all commanders responsible for planning and organizing military operations (including commanders of and within commands assigned to a combatant command or the United States element of the North American Aerospace Defense Command as established pursuant to section 161 and 162 of this title) and all commanders authorized to convene courts-martial under sections 822 through 824 of this title (articles 22 through 24). The qualifications of judge advocates assigned to provide legal advice to commanders under this paragraph shall include—

(A)the qualifications set forth in subsection (a)(1); and

(B)any additional education, expertise, or experience determined to be necessary to fulfill the requirements of this paragraph by the Judge Advocate General of the armed force concerned, or in the case of the Marine Corps, by the Staff Judge Advocate to the Commandant of the Marine Corps.

(c)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.

(d)(1)No person who, with respect to a case, serves in a capacity specified in paragraph (2) may later serve as a staff judge advocate or legal officer to any reviewing or convening authority upon the same case.

(2)The capacities referred to in paragraph (1) are, with respect to the case involved, any of the following:

(A)Preliminary hearing officer, court member, military judge, military magistrate, or appellate judge.

(B)Counsel who have acted in the same case or appeared in any proceeding before a military judge, military magistrate, preliminary hearing officer, or appellate court.

(e)(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (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”.

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 561(a), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 119–60, § 562, designated existing provisions as par. (1) and added par. (2). Pub. L. 119–60, § 561(a), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c). Subsecs. (c) to (e). Pub. L. 119–60, § 561(a), redesignated subsecs. (b) to (d) as (c) to (e), respectively. 2016—Subsec. (c). Pub. L. 114–328 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “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.” 2013—Subsec. (a). Pub. L. 112–239 substituted “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. 107–296 substituted “of Homeland Security” for “of Transportation”. 1986—Subsec. (d). Pub. L. 99–661 added subsec. (d). 1983—Subsec. (a). Pub. L. 98–209 substituted “Air Force, and” for “and Air Force and law specialists of the”. 1968—Subsec. (c). Pub. L. 90–632 substituted “military judge” for “law officer”. 1967—Subsec. (a). Pub. L. 90–179 substituted 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. 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 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.

Effective Date

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

§806 Art. 6. Judge Advocates and Legal Officers

Summary

Title 10, §806

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata