14 U.S.C. § 318 — Judge Advocate General; Deputy Judge Advocate General: appointment; duties

This section sets up the Coast Guard's top legal officers and protects their independence.

(a) Appointing the Judge Advocate General. The President appoints the Judge Advocate General, with the Senate's advice and consent, from officers of the Coast Guard designated as judge advocates. The term of office is no more than 4 years.

(b) Qualifications. The Judge Advocate General must, at the time of appointment, be a member of the bar of a federal court or a state's highest court, and must have at least 8 years of experience doing legal work as a commissioned officer.

(c) Duties. Besides any other duties the law assigns, the Judge Advocate General: (1) is the legal adviser to the Commandant^* and to every officer and agency of the Coast Guard; (2) directs the Coast Guard's other judge advocates in their work; and (3) receives, revises, and keeps the official record of proceedings from courts of inquiry and military commissions.

(d) The Deputy Judge Advocate General. (1) The Commandant appoints the Deputy Judge Advocate General, chosen from civilians in the career-reserved Senior Executive Service who meet the same qualifications as the Judge Advocate General under subsection (b). This term also runs up to 4 years, and the Deputy can be reappointed for one more 4-year term. (2) If the Judge Advocate General's office is vacant, or that officer is absent or unable to serve, the Deputy Judge Advocate General takes over those duties until a successor is appointed or the absence or disability ends. If a vacancy in the Deputy's position happens at the same time as a vacancy in the Judge Advocate General's office, the Commandant must name an acting Judge Advocate General from among Coast Guard officers designated as judge advocates who meet the qualifications in subsection (b). (3) Similarly, if the Deputy's position is vacant — including because the Judge Advocate General is absent or disabled — the Commandant must name an acting Deputy Judge Advocate General from among Coast Guard judge advocate officers who meet those same qualifications; that officer performs the Deputy's duties until a successor is named or the absence ends. But if both positions are vacant at once, the Commandant instead names the acting Deputy Judge Advocate General from civilians in the career-reserved Senior Executive Service, or from GS-15 employees, who meet the qualifications in subsection (b). (4) The Commandant must make sure the Coast Guard is following this section within 30 days after it became law.

(e) Protecting independent legal advice. No officer or employee of the Department of Homeland Security may interfere with the Judge Advocate General's ability to give independent legal advice to the Commandant or Vice Commandant, or with the ability of Coast Guard judge advocates assigned to military units to give independent legal advice to their commanders.