Judge advocates and legal officers

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  1. (a)

    1. (1) The Governor shall appoint an officer of the organized militia as State Judge Advocate subject to confirmation by the Senate.

    2. (2) To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five (5) years.

    3. (3) The Governor shall consult the Adjutant General before making an appointment under this subsection.

  2. (b) The Adjutant General may appoint as many assistant state judge advocates as he or she shall deem necessary, which assistant state judge advocates shall be officers of the organized militia and members of the bar of the state.

  3. (c) The State Judge Advocate or his or her assistants shall make frequent inspections in the field in supervision of the administration of military justice.

  4. (d) Convening authorities may 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 may communicate directly with the staff judge advocate or legal officer of a superior or subordinate command or with the State Judge Advocate.

  5. (e) No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.


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