This section sets who the adjutant general must appoint as judge advocates and legal officers, what qualifications they need, and limits how they may later act in the same case.
§106. Article 6. Judge advocates and legal officers A. The adjutant general shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must have been a member of the bar of the highest court of the state for at least five years. B. The adjutant general shall appoint judge advocates and legal officers upon the recommendation of the state judge advocate. To be eligible for appointment, judge advocates and legal officers must be officers of the state military forces and members of the bar of a federal court or of the highest court of a state. C. The state judge advocate or his assistants shall make frequent inspections in the field in supervision of the administration of military justice. D. 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 state judge advocate. E.(1) No person who, with respect to a case, serves in a capacity specified in Paragraph (2) of this Subsection may later serve as a judge advocate or legal officer to any reviewing or convening authority upon the same case. (2) The capacities referred to in Paragraph (1) of this Subsection 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. Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.