PRIA, Government Policy, Made Personal

Summary

The President must appoint the Coast Guard’s Judge Advocate General with Senate approval. The person must be a Coast Guard officer already serving as a judge advocate, be licensed to practice law in a federal court or a state’s highest court, and have at least 8 years of legal work as a commissioned officer. The Judge Advocate General serves up to 4 years. The Judge Advocate General gives legal advice to the Commandant and other Coast Guard leaders, directs judge advocate officers, and handles records of official investigations and military trials. The Commandant appoints the Deputy Judge Advocate General from civilians in the Senior Executive Service (career reserved) who meet the same legal qualifications. The Deputy serves up to 4 years and may be reappointed for another 4 years. The Deputy fills in when the Judge Advocate General is absent or the job is vacant. If both jobs are open, the Commandant names acting officials from qualified judge advocates, SES civilians, or GS-15s as described. The Commandant must meet these rules within 30 days. No Department of Homeland Security officer or employee may stop the Judge Advocate General or judge advocates from giving independent legal advice to leaders or commanders.

Title 14, §318

Coast Guard, Source: USLM XML via OLRC

(a)In General.—

The Judge Advocate General in the Coast Guard shall be appointed by the President, by and with the advice and consent of the Senate, from officers of the Coast Guard designated as judge advocates. The term of office is not more than 4 years.

(b)Appointment.—

The Judge Advocate General of the Coast Guard 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 8 years of experience in legal duties as commissioned officers.

(c)Duties.—

The Judge Advocate General, in addition to other duties prescribed by law—

(1)is the legal adviser of the Commandant of the Coast Guard and of all officers and agencies of the Coast Guard;

(2)shall direct the officers of the Coast Guard 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)Deputy Judge Advocate General.—

(1)In general.—

The Deputy Judge Advocate General in the Coast Guard shall be appointed by the Commandant, from civilians in the Senior Executive Service (career reserved) who meet the qualifications set forth in subsection (b). The term of office of the Deputy Judge Advocate General is not more than four years with reappointment for an additional term of 4 years.

(2)Vacancy of judge advocate general.—

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. Should a vacancy in the Deputy Judge Advocate General position overlap with a vacancy in the office of the Judge Advocate General, the Commandant shall establish an acting Judge Advocate General from officers of the Coast Guard designated as judge advocates with the qualifications in subsection (b).

(3)Acting deputy judge advocate general.—

When there is a vacancy of the position of Deputy Judge Advocate General, to include during the absence or disability of the Judge Advocate General, the Commandant shall establish an acting Deputy Judge Advocate from officers of the Coast Guard designated as judge advocates with the qualifications in subsection (b). Such officer shall perform the duties of the Deputy Judge Advocate General until a successor is appointed or the absence or disability ceases. Should a vacancy in the Deputy Judge Advocate General position overlap with a vacancy in the office of the Judge Advocate General, the Commandant shall establish an acting Deputy Judge Advocate from civilians in the Senior Executive Service (career reserved), or GS-15s, who meet the qualifications in subsection (b).

(4)Compliance with act.—

The Commandant shall ensure compliance with this section not later than 30 days after enactment of this section.

(e)Limitation.—

No officer or employee of the Department of Homeland Security may interfere with—

(1)the ability of the Judge Advocate General to give independent legal advice to the Commandant or Vice Commandant; or

(2)the ability of judge advocates of the Coast Guard assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Enactment of this section, referred to in subsec. (d)(4), means the enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.

Prior Provisions

A prior section 318 was renumbered section 335 of this title. Prior sections 319 to 323 were renumbered section 336, 337, 315, 338, and 312 of this title, respectively. Other prior sections 321 to 327 were renumbered sections 2158 to 2164 of this title, respectively.

§318 Judge Advocate General; Deputy Judge Advocate General: Appointment; Duties