TITLE 38
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
ARTICLE 5
CODE OF MILITARY JUSTICE
38-2-1006. State judge advocate; appointment; eligibility; staff judge advocate.
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The Governor, on the recommendation of the adjutant general, shall appoint an individual to serve as the state judge advocate. To be eligible for such appointment, such individual shall be a judge advocate, a member of the State Bar of Georgia in good standing for not less than ten years, and have not less than five years of continuous service in the army or air National Guard of this state. The state judge advocate shall serve as the primary legal adviser to the adjutant general and shall serve as the judge advocate on the joint staff. The state judge advocate shall supervise the Office of the State Judge Advocate and shall have authority for assignment, placement, and billeting of all judge advocates.
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The assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force, on the recommendation of the state judge advocate, shall each appoint a staff judge advocate for the Army National Guard, a staff judge advocate for the Air National Guard, and a staff judge advocate for the State Defense Force, respectively. Such staff judge advocates shall serve as the respective primary legal advisers to the assistant adjutant general for army, the assistant adjutant general for air, and the brigadier general in charge of the State Defense Force.
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The state judge advocate, or his or her assistants, shall make frequent inspections in the field in supervision of the administration of military justice in the organized militia.
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Convening authorities shall at all times communicate directly with a judge advocate in the same military service in matters relating to the administration of military justice.
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No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act in any capacity in any reviewing authority upon the same case.
(Code 1981, §38-2-1006, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2017, p. 774, § 38/HB 323.)
The 2017 amendment,
effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in subsections (a) and (b).
U.S. Code.
- For similar provision in Uniform Code of Military Justice, see 10 U.S.C.
§
806.
38-2-1007. Apprehension.
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Any person authorized by this article or Chapter 47 of Title 10 of the United States Code, or by regulations issued under either, to take persons into custody subject to this article, any marshal of a court-martial appointed pursuant to the provisions of this article, and any peace officer or civil officer having authority to take offenders into custody under the laws of the United States or of another state, may do so upon probable cause that an offense has been committed and that the person taken into custody committed it.
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Commissioned officers, warrant officers, petty officers, and noncommissioned officers shall have authority to quell quarrels, frays, and disorders among persons subject to this article and to take persons into custody subject to this article who take part therein.
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If an offender is taken into custody outside this state, the offender's return to this state shall be in accordance with normal extradition procedures or by reciprocal agreement.
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No person authorized by this article to take persons into custody subject to this article, or the place where such offender is confined, restrained, held, or otherwise housed, shall require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.
(Code 1981, §38-2-1007, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
U.S. Code.
- For similar provision in Uniform Code of Military Justice, see 10 U.S.C.
§
807.
RESEARCH REFERENCES
Am. Jur. 2d.
- 53A Am. Jur. 2d, Military and Civil Defense,
§
207.