10 USC 8088 - Judge Advocate General’s Corps: Office of the Judge Advocate General; Judge Advocate General; appointment, term, emoluments, duties

U.S Code last checked for updates: Apr 30, 2024

§ 8088.

Judge Advocate General’s Corps: Office of the Judge Advocate General; Judge Advocate General; appointment, term, emoluments, duties

(a)

The Judge Advocate General’s Corps is a Staff Corps of the Navy, and shall be organized in accordance with regulations prescribed by the Secretary of the Navy.

(b)

There is in the executive part of the Department of the Navy the Office of the Judge Advocate General of the Navy. The Judge Advocate General shall be appointed by the President, by and with the advice and consent of the Senate, for a term of four years. He shall be appointed from judge advocates of the Navy or the Marine Corps who are members of the bar of a Federal court or the highest court of a State and who have had at least eight years of experience in legal duties as commissioned officers.

(c)

Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.

(d)

The Judge Advocate General of the Navy, under the direction of the Secretary of the Navy, shall—

(1)

perform duties relating to legal matters arising in the Department of the Navy as may be assigned to him;

(2)

perform the functions and duties and exercise the powers prescribed for the Judge Advocate General in chapter 47 of this title;

(3)

receive, revise, and have recorded the proceedings of boards for the examination of officers of the naval service for promotion and retirement; and

(4)

perform such other duties as may be assigned to him.

(e)

No officer or employee of the Department of Defense may interfere with—

(1)

the ability of the Judge Advocate General to give independent legal advice to the Secretary of the Navy or the Chief of Naval Operations; or

(2)

the ability of judge advocates of the Navy assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.

(Aug. 10, 1956, ch. 1041, 70A Stat. 289, § 5148; Pub. L. 87–649, § 14c(20), Sept. 7, 1962, 76 Stat. 501; Pub. L. 90–179, § 2(1), Dec. 8, 1967, 81 Stat. 546; Pub. L. 96–513, title III, § 343, Dec. 12, 1980, 94 Stat. 2901; Pub. L. 103–337, div. A, title V, § 504(b)(1), Oct. 5, 1994, 108 Stat. 2750; Pub. L. 108–375, div. A, title V, § 574(b)(1), Oct. 28, 2004, 118 Stat. 1922; Pub. L. 109–163, div. A, title V, § 508(b), title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3229, 3440; Pub. L. 110–181, div. A, title V, § 543(b), Jan. 28, 2008, 122 Stat. 115; Pub. L. 114–328, div. A, title V, § 502(ff), Dec. 23, 2016, 130 Stat. 2105; renumbered § 8088, Pub. L. 115–232, div. A, title VIII, § 807(a)(2), Aug. 13, 2018, 132 Stat. 1834.)

cite as: 10 USC 8088