(1) The Adjutant General shall appoint an officer of the territorial military forces as Territorial Judge Advocate General. To be eligible for appointment, an officer must have graduated from an ABA accredited law school, be a member in good standing of a bar of a Federal Court or the highest court of a State, Territory, Commonwealth of the United States or the District of Columbia, be federally recognized by the National Guard Bureau as a judge advocate for at

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least five (5) years or have been appointed a judge advocate by an United States Armed Force pursuant to Article 27 of the Uniform Code of Military Justice for a minimum of five (5) years or a combination of National Guard Bureau or Armed Forces recognition for the minimum five (5) years and have completed The Judge Advocate General’s School Advance Course of the Army or Air Force.

(2) The Adjutant General shall appoint judge advocates upon the recommendation of the Territorial Judge Advocate General. To be eligible for appointment, an officer must be a member of the bar of a Federal Court or of the highest court of a State, Territory, Commonwealth of the United States, or the District of Columbia. The Territorial Judge Advocate General shall not recommend an officer for final appointment approval to the Adjutant General until said officer has been federally recognized as a judge advocate by the National Guard Bureau.

(3) The Territorial Judge Advocate General shall appoint or designate a legal officer. For an individual to be eligible to be designated or appointed as legal officer he must be a member of the bar of a Federal Court or of the highest court of a State, Territory, Commonwealth of the United States or the District of Columbia.

(4) The Territorial Judge Advocate General or his assistants shall make frequent inspections in the field in supervision of the administration of military justice.

(5) 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 officers of any command are entitled to communicate directly with the staff judge advocate or legal officers of a superior or subordinate command, or with the Territorial Judge Advocate General.

(6) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.

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(7) In the absence, or lack, of a qualifying Territorial Judge Advocate General, the most senior judge advocate within the territorial military forces may perform duties as such for a period not to exceed one hundred twenty (120) days unless continued as authorized herein, providing that he or she is so designated by the Adjutant General and the Acting Territorial Judge Advocate General so designated meets all the requirements set out in this Subarticle except that for the number of years as a judge advocate and completion of the Judge Advocate General’s School Advance Course of an Armed Force of the United States. Nothing contained herein shall limit the Adjutant General’s authority to redesignate a judge advocate as the Acting Territorial Judge Advocate provided no other judge advocate within the territorial military forces meet the qualifications for Territorial Judge Advocate as set out in this subarticle.

SOURCE: UCMJ ARTICLE 6.

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SUBARTICLE 2
APPREHENSION AND RESTRAINT