§ 12-64-104 — Judge advocates and legal officers

Arkansas § 12-64-104

• Jurisdiction: Arkansas
• Title: 12

Text

(a) (1) The Governor shall appoint an officer of the organized militia as State Judge Advocate subject to confirmation by the Senate. (2) To be eligible for appointment, an officer must be a member of the bar of the highest court of the state and must have been a member of the bar of the state for at least five (5) years. (3) The Governor shall consult the Adjutant General before making an appointment under this subsection. (b) The Adjutant General may appoint as many assistant state judge advocates as he or she shall deem necessary, which assistant state judge advocates shall be officers of the organized militia and members of the bar of the state, or qualified under subsection (f) of this section. (c) The State Judge Advocate or his or her assistants shall make frequent inspections in the field in supervision of the administration of military justice. (d) Convening authorities may 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 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, law officer, 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. (f) Except as provided by subsection (g) of this section, an attorney may serve as a judge advocate in the Arkansas National Guard without regard to his or her licensing state if the attorney: (1) Is in good standing with the licensing authority admitting him or her to the practice of law before the highest court of a state, territory, commonwealth, or the District of Columbia; and (2) Meets any of the following requirements: (A) Is approved through the standard accession process for Arkansas National Guard judge advocates; (B) Is accessed through an interstate transfer into the Arkansas National Guard; or (C) Is a judge advocate provided at the expense of the United States Government or another state, territory, commonwealth, or the District of Columbia. (g) A judge advocate who is not licensed to practice law in this state may practice military law in this state if he or she is in active duty status under: (1) Title 10 of the United States Code; or (2) Title 32 of the United States Code. (h) A judge advocate who is not licensed to practice law in this state may practice military law in this state if: (1) He or she is in state active duty status; and (2) In accordance with the rules established by the Supreme Court for the practice of law and the professional conduct of attorneys at law.

Legislative History

Amended by Act 2023, No. 322,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 322,§ 1, eff. 8/1/2023. Amended by Act 2015, No. 1100,§ 10, eff. 7/22/2015. Acts 1969, No. 50, § 51; A.S.A. 1947, § 11-606.