(a) The governor, on the recommendation of the adjutant general, shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer shall be a member of the bar of the highest court of the State and shall have been a member of the bar of the State for at least five years.

Terms Used In Hawaii Revised Statutes 124B-6

  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:

    (1) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one of the above;
    (2) Certified as a non-federally recognized judge advocate by the senior force judge advocate as competent to perform the military justice duties required by this chapter; or
    (3) Certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs; provided that there is no judge advocate available as described under paragraph (1) or (2). See Hawaii Revised Statutes 124B-1
  • Legal officer: means any commissioned officer of the organized militia of the State designated to perform legal duties for a command. See Hawaii Revised Statutes 124B-1
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
  • Officer: means a commissioned officer. See Hawaii Revised Statutes 124B-1
  • State judge advocate: means the commissioned officer responsible for supervising the administration of military justice in the state military forces. See Hawaii Revised Statutes 124B-1
  • State military forces: means the National Guard of the State, as defined in title 32 United States Code § 101(3), the organized naval militia of the State, and any other military force organized under the laws of the State. See Hawaii Revised Statutes 124B-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The adjutant general may appoint as many assistant state judge advocates as the adjutant general considers necessary. To be eligible for appointment, assistant state judge advocates shall be officers of the state military forces and members of the bar of the highest court of the State.
(c) The state judge advocate, state judge advocate’s assistants, or senior force judge advocates in each of the state military forces or that judge advocate’s delegates shall make frequent inspections in the field in supervision of the administration of military justice.
(d) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officer in matters relating to the administration of military justice. The staff judge advocate or legal officer of any command may communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the state judge advocate.
(e) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case shall later act as staff judge advocate or legal officer to any reviewing authority upon the same case.

  Previous
Next  
 Part I Contents