State Judge Advocate; Appointment; Eligibility; Staff Judge Advocate

  1. Law
  2. Georgia Code
  3. Military, Emergency Management, and Veterans Affairs
  4. Military Affairs
  5. Code of Military Justice
  6. General Provisions
  7. State Judge Advocate; Appointment; Eligibility; Staff Judge Advocate

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  1. The Governor, on the recommendation of the adjutant general, shall appoint an individual to serve as the state judge advocate. To be eligible for such appointment, such individual shall be a judge advocate, a member of the State Bar of Georgia in good standing for not less than ten years, and have not less than five years of continuous service in the army or air National Guard of this state. The state judge advocate shall serve as the primary legal adviser to the adjutant general and shall serve as the judge advocate on the joint staff. The state judge advocate shall supervise the Office of the State Judge Advocate and shall have authority for assignment, placement, and billeting of all judge advocates.
  2. The assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force, on the recommendation of the state judge advocate, shall each appoint a staff judge advocate for the Army National Guard, a staff judge advocate for the Air National Guard, and a staff judge advocate for the State Defense Force, respectively. Such staff judge advocates shall serve as the respective primary legal advisers to the assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force.
  3. The state judge advocate, or his or her assistants, shall make frequent inspections in the field in supervision of the administration of military justice in the organized militia.
  4. Convening authorities shall at all times communicate directly with a judge advocate in the same military service in matters relating to the administration of military justice.
  5. No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act in any capacity in any reviewing authority upon the same case.

(Code 1981, §38-2-1006, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2017, p. 774, § 38/HB 323.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in subsections (a) and (b).


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