39A-5-103. State judge advocate — Appointment — Qualifications — Duties — Assistants.
| (1) |
The adjutant general shall appoint an officer of the National Guard as the state judge advocate. The officer shall be a member of the Utah State Bar, a United States federal court, branch qualified, and designated as a staff judge advocate officer. |
Terms Used In Utah Code 39A-5-103
- Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
- Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
- Legal officer: means any commissioned officer of the National Guard designated to perform legal duties for a command. See Utah Code 39A-5-102
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
- Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
- SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 39A-5-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (2) |
The state judge advocate is the principal military legal advisor and shall, in connection with rendering legal advice to the adjutant general, prepare pretrial advice, a post-trial review, and act as legal advisor to the adjutant general on all matters involving military justice. |
| (3) |
The adjutant general may appoint assistant state judge advocates as considered necessary. All assistant state judge advocates shall be officers of the National Guard, members of the Utah State Bar, branch qualified, and designated as staff judge advocate officers. |
| (4) |
The SJA or an assistant SJA shall make frequent inspections of military units throughout the state to supervise the administration of military justice. |
| (5) |
The convening authority shall review directly with the SJA all matters relating to the administration of military justice and administrative actions. The assistant state judge advocate or legal officer of any command may communicate directly with the assistant state judge advocate or legal officer of a superior or subordinate command, or with the SJA. |
| (6) |
An individual who has acted as a 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, may not subsequently act as assistant state judge advocate, SJA, or legal officer to any reviewing authority upon the same case. |
Renumbered and Amended by Chapter 373, 2022 General Session
