§806 Art. 6. Judge Advocates and Legal Officers

Summary

Only service members who are licensed lawyers and keep their license in good standing before the highest court of a State, territory, commonwealth, or the District of Columbia may serve as judge advocates. They must be under that jurisdiction’s disciplinary rules and follow whatever is needed to stay eligible to practice law. The Judge Advocates General (and the Marine Corps Staff Judge Advocate) can suspend a judge advocate’s legal duties if they stop meeting these rules. If a member is suspended or disbarred, they cannot do legal work. Judge advocates are assigned to duty on the recommendation of their service’s Judge Advocate General, except the Marine Corps where the Commandant directs assignments. Senior legal officers must inspect and supervise military justice in the field. There must be enough qualified judge advocates to advise commanders who plan or run military operations (including those in combatant commands and the U.S. element of NORAD under sections 161 and 162) and to advise commanders who can convene courts-martial under sections 822–824. Convening authorities must deal directly with their legal officers, and legal officers may talk directly with legal officers in other commands or with the Judge Advocate General. Anyone who served as a judge, member, preliminary hearing officer, magistrate, appellate judge, or as counsel in a case cannot later serve as a staff judge advocate or legal officer on that same case. Judge advocates detailed to civilian agencies under section 973(b)(2)(B) may do work the agency asks, including representing the United States, and the Secretaries of Defense and Homeland Security must set rules allowing reimbursement when that help is provided.