2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 47 - UNIFORM CODE OF MILITARY JUSTICE (§§ 801 - 946)
Subchapter I - GENERAL PROVISIONS (§§ 801 - 806a)
Section 806 - Art. 6. Judge advocates and legal officers
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 47 - UNIFORM CODE OF MILITARY JUSTICE SUBCHAPTER I - GENERAL PROVISIONS Sec. 806 - Art. 6. Judge advocates and legal officers |
Contains | section 806 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 39; Pub. L. 90-179, §1(3), Dec. 8, 1967, 81 Stat. 545; Pub. L. 90-632, §2(2), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98-209, §2(b), Dec. 6, 1983, 97 Stat. 1393; Pub. L. 99-661, div. A, title VIII, §807(a), Nov. 14, 1986, 100 Stat. 3909; Pub. L. 107-296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314. |
Statutes at Large References | 64 Stat. 110 81 Stat. 545 82 Stat. 1335 97 Stat. 1393 100 Stat. 3909 116 Stat. 2314 |
Public Law References | Public Law 90-179, Public Law 90-632, Public Law 98-209, Public Law 99-661, Public Law 107-296 |
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(a) The assignment for duty of judge advocates of the Army, Navy, Air Force, and Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The assignment for duty of judge advocates of the Marine Corps shall be made by direction of the Commandant of the Marine Corps. The Judge Advocate General or senior members of his staff shall make frequent inspections in the field in supervision of the administration of military justice.
(b) 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 Judge Advocate General.
(c) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case may later act as a staff judge advocate or legal officer to any reviewing authority upon the same case.
(d)(1) A judge advocate who is assigned or detailed to perform the functions of a civil office in the Government of the United States under section 973(b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the United States in civil and criminal cases.
(2) The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations providing that reimbursement may be a condition of assistance by judge advocates assigned or detailed under section 973(b)(2)(B) of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 39; Pub. L. 90–179, §1(3), Dec. 8, 1967, 81 Stat. 545; Pub. L. 90–632, §2(2), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98–209, §2(b), Dec. 6, 1983, 97 Stat. 1393; Pub. L. 99–661, div. A, title VIII, §807(a), Nov. 14, 1986, 100 Stat. 3909; Pub. L. 107–296, title XVII, §1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
806(a) 806(b) | 50:556(a). 50:556(b). | May 5, 1950, ch. 169, §1 (Art. 6), 64 Stat. 110. |
806(c) | 50:556(c). |
In subsection (b), the word “entitled” is substituted for the word “authorized”.
In subsection (c), the words “may later” are substituted for the words “shall subsequently”.
Amendments2002—Subsec. (d)(2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1986—Subsec. (d). Pub. L. 99–661 added subsec. (d).
1983—Subsec. (a). Pub. L. 98–209 substituted “Air Force, and” for “and Air Force and law specialists of the”.
1968—Subsec. (c). Pub. L. 90–632 substituted “military judge” for “law officer”.
1967—Subsec. (a). Pub. L. 90–179 substituted reference to judge advocates of the Navy for reference to law specialists of the Navy and provided for the assignment of judge advocates of the Marine Corps.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
Effective Date of 1986 AmendmentSection 807(b) of Pub. L. 99–661 provided that: “The amendment made by subsection (a) [amending this section]—
“(1) shall take effect on the date of the enactment of this Act [Nov. 14, 1986]; and
“(2) may not be construed to invalidate an action taken by a judge advocate, pursuant to an assignment or detail under section 973(b)(2)(B) of title 10, United States Code, before the date of the enactment of this Act.”
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
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