Virginia Code

Va. Code Ann. § 44-11 (2026)

Department of Military Affairs; Adjutant General

✓ current as of May 2026

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There is hereby created the Department of Military Affairs to which is transferred all of the functions, powers and duties of the former Division of Military Affairs.

The Governor shall appoint an Adjutant General with the rank of brigadier general, major general or lieutenant general as the Governor may prescribe, subject to confirmation by the General Assembly if in session, and if not in session, then at its next succeeding session. The Adjutant General shall not hold the rank of lieutenant general unless such rank is federally recognized. The Adjutant General shall be in direct charge of the Department of Military Affairs and shall be responsible to the Governor and commander in chief for the proper performance of his duties. All the powers conferred and the duties imposed by law upon the Adjutant General shall be exercised or performed by him under the direction and control of the Governor. The Adjutant General shall serve at the pleasure of the Governor for a term coincident with that of the Governor. No person shall be appointed Adjutant General who shall not have had at least ten years' commissioned service in the Virginia National Guard in at least field grade. The Adjutant General, while serving as such, may be a member of the Virginia National Guard.

The Adjutant General shall receive a salary prescribed by law.

1927, p. 106; 1930, p. 951; Michie Code 1942, §§ 585(62), 2673(12); 1948, p. 48; R. P. 1948, § 44-11; 1964, c. 227.

Notes of Decisions

Cited in 2 cases, 1991–1991 · leading case: United States v. Virginia, 766 F. Supp. 1407 (W.D. Va. 1991).

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United States v. Virginia, 766 F. Supp. 1407 (W.D. Va. 1991). · cites it 3× “Code § 23-93; Va. Code § 44-11 (Adjutant General also nominated by Governor subject to General Assembly approval).”

United States v. Com. of Va., 766 F. Supp. 1407 (W.D. Va. 1991). · cites it 3× “The seventeen members of this Board are appointed by the Governor of Virginia, subject to approval by the General Assembly, including the State Adjutant General, who is a member ex officio.”

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