10 USC 9037 - Judge Advocate General, Deputy Judge Advocate General: appointment; duties

U.S Code last checked for updates: May 19, 2024

§ 9037.

Judge Advocate General, Deputy Judge Advocate General: appointment; duties

(a)

There is a Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force. The term of office is four years.

(b)

The Judge Advocate General of the Air Force 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 eight years of experience in legal duties as commissioned officers.

(c)

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

(1)

is the legal adviser of the Secretary of the Air Force and of all officers and agencies of the Department of the Air Force;

(2)

shall direct the officers of the Air Force 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)

(1)

There is a Deputy Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force who have the qualifications prescribed in subsection (b) for the Judge Advocate General. The term of office of the Deputy Judge Advocate General is four years.

(2)

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.

(3)

When paragraph (2) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the heads of the major divisions of the Office of the Judge Advocate General, in the order directed by the Secretary of the Air Force, shall perform the duties of the Judge Advocate General, unless otherwise directed by the President.

(e)

(1)

Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or under subsection (d) for appointment as the Deputy 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.

(2)

If the Secretary of the Air Force elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Deputy Judge Advocate General, the Secretary may, in connection with such consideration for selection—

(A)

treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and

(B)

waive section 619(a)(2) of this title if the Secretary determines that the needs of the Air Force or the Space Force require the waiver.

(f)

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 Air Force, the Chief of Staff of the Air Force, or the Chief of Space Operations; or

(2)

the ability of officers of the Air Force who are designated as judge advocates who are assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.

(Aug. 10, 1956, ch. 1041, 70A Stat. 495, § 8072; Pub. L. 96–343, § 12(a), (b)(1), Sept. 8, 1980, 94 Stat. 1130, 1131; renumbered § 8037, Pub. L. 99–433, title V, § 522(f), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 103–337, div. A, title V, § 504(c), Oct. 5, 1994, 108 Stat. 2751; Pub. L. 104–106, div. A, title V, § 507(a), Feb. 10, 1996, 110 Stat. 296; Pub. L. 108–375, div. A, title V, § 574(c), Oct. 28, 2004, 118 Stat. 1922; Pub. L. 109–163, div. A, title V, § 508(c), title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3229, 3440; Pub. L. 110–181, div. A, title V, § 543(c), Jan. 28, 2008, 122 Stat. 115; Pub. L. 114–328, div. A, title V, § 502(kk), Dec. 23, 2016, 130 Stat. 2106; Pub. L. 115–91, div. A, title V, § 508(c), Dec. 12, 2017, 131 Stat. 1375; renumbered § 9037, Pub. L. 115–232, div. A, title VIII, § 806(c), Aug. 13, 2018, 132 Stat. 1833; Pub. L. 116–283, div. A, title IX, § 923(b)(7), Jan. 1, 2021, 134 Stat. 3809.)

cite as: 10 USC 9037