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10 U.S.C. § 8046Staff Judge Advocate to the Commandant of the Marine Corps

submitted 40 years ago by Pub. L. 99-661 to r/title-10-ARMED-FORCES · 410 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President appoints a Staff Judge Advocate to the Commandant, with Senate approval. A selection board recommends this officer for the job. No one may interfere with this officer's independent legal advice to Marine Corps commanders.

(a) A Marine Corps officer who is a judge advocate, a member of a federal or state bar, and has at least eight years of legal experience as a commissioned officer, can be appointed by the President — with Senate approval — as Staff Judge Advocate to the Commandant of the Marine Corps. (b) (1) Following Secretary of Defense regulations, the Secretary of the Navy must make sure the officer recommended for this job comes from a selection board that, as much as practical, follows the same rules as boards set up under chapter 36 of this title. (2) If the Secretary of the Navy convenes a selection board under section 611(a) of this title to consider officers for this job, the Secretary may treat chapter 36 rules about promotion to "the next higher grade" as meaning promotion to a higher grade generally, and may waive section 619(a)(2) of this title if the Secretary decides the Marine Corps needs it. (c) Under the Commandant's and the Secretary of the Navy's direction, the Staff Judge Advocate must: (1) handle legal matters in the Marine Corps as assigned; (2) perform the duties and powers set out for this position in the Uniform Code of Military Justice (chapter 47) and chapter 53 of this title; and (3) perform any other assigned duties. (d) No Defense Department official or employee may interfere with (1) the Staff Judge Advocate's ability to give the Commandant independent legal advice, or (2) Marine Corps judge advocates' ability to give commanders independent legal advice.
the actual law source: uscode.house.gov ↗public domain
(a)

An officer of the Marine Corps who is a judge advocate and a member of the bar of a Federal court or the highest court of a State or territory and who has had at least eight years of experience in legal duties as a commissioned officer may be appointed by the President, by and with the advice and consent of the Senate, as Staff Judge Advocate to the Commandant of the Marine Corps.

(b)
(1)

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 Staff Judge Advocate to the Commandant of the Marine Corps, 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 Navy elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Staff Judge Advocate, 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 Marine Corps require the waiver.

(c)

The Staff Judge Advocate to the Commandant of the Marine Corps, under the direction of the Commandant of the Marine Corps and the Secretary of the Navy, shall—

(1)

perform such duties relating to legal matters arising in the Marine Corps as may be assigned to the Staff Judge Advocate;

(2)

perform the functions and duties, and exercise the powers, prescribed for the Staff Judge Advocate to the Commandant of the Marine Corps in chapter 47 (the Uniform Code of Military Justice) and chapter 53 of this title; and

(3)

perform such other duties as may be assigned to the Staff Judge Advocate.

(d)

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

(1)

the ability of the Staff Judge Advocate to the Commandant of the Marine Corps to give independent legal advice to the Commandant of the Marine Corps; or

(2)

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

Source credit: (Added Pub. L. 99–661, div. A, title V, § 509(a)(1), Nov. 14, 1986, 100 Stat. 3868, § 5046; amended Pub. L. 103–337, div. A, title V, § 504(b)(4), Oct. 5, 1994, 108 Stat. 2751; Pub. L. 108–375, div. A, title V, § 574(b)(2), Oct. 28, 2004, 118 Stat. 1922; Pub. L. 110–417, [div. A], title V, § 504(a), Oct. 14, 2008, 122 Stat. 4434; Pub. L. 112–239, div. A, title V, § 531(a), (b), Jan. 2, 2013, 126 Stat. 1725, 1726; Pub. L. 114–328, div. A, title V, § 502(x), Dec. 23, 2016, 130 Stat. 2104; Pub. L. 115–91, div. A, title V, § 508(a), Dec. 12, 2017, 131 Stat. 1375; renumbered § 8046, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-661 · 100 Stat. 3868
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2751
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1922
  • 2008Amended · Pub. L. 110-417 · 122 Stat. 4434
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1725, 1726
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2104
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1375
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1834

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-661 on 1986-11-14.

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