§ 39A-5-103 — State staff judge advocate -- Appointment -- Qualifications -- Duties -- Assistants.

(1) (1)(a) The adjutant general shall appoint a state staff judge advocate.
(1)(b) The state staff judge advocate appointed under Subsection (1)(a) shall be:
(1)(b)(i) an officer of the National Guard;
(1)(b)(ii) a member of the Utah State Bar; and
(1)(b)(iii) designated as a state staff judge advocate officer.
(1)(c) The state staff judge advocate appointed under Subsection (1)(a):
(1)(c)(i) is the senior legal officer for the National Guard and a member of the adjutant general's special staff; and
(1)(c)(ii) shall act as the primary legal advisor to the adjutant general on all matters involving military justice.
(2) (2)(a) The adjutant general may appoint a state judge advocate.
(2)(b) The state judge advocate appointed under Subsection (2)(a) shall be:
(2)(b)(i) an officer of the National Guard;
(2)(b)(ii) a member of the Utah State Bar; and
(2)(b)(iii) designated as a staff judge advocate officer.
(2)(c) The state judge advocate appointed under Subsection (2)(a) is:
(2)(c)(i) the principal military legal advisor; and
(2)(c)(ii) shall, in connection with rendering legal advice to the adjutant general, prepare pretrial advice, a post-trial review, and act, in concert with the state staff judge advocate, as legal advisor to the adjutant general on all matters involving military justice.
(3) (3)(a) The adjutant general may appoint staff judge advocates for the individual services of the National Guard.
(3)(b) A service staff judge advocate appointed under Subsection (3)(a) shall be:
(3)(b)(i) an officer of the National Guard;
(3)(b)(ii) a member of the Utah State Bar; and
(3)(b)(iii) designated as a staff judge advocate officer.
(3)(c) A service staff judge advocate appointed under Subsection (3)(a):
(3)(c)(i) is responsible for the provision of military justice legal advice to the service assistant adjutant general of the branch state staff judge advocate; and
(3)(c)(ii) shall provide oversight to subordinate assistant staff judge advocates.
(4) (4)(a) The adjutant general may appoint assistant state judge advocates.
(4)(b) An assistant state judge advocate appointed under Subsection (4)(a) shall be:
(4)(b)(i) an officer of the National Guard;
(4)(b)(ii) a member of the Utah State Bar; and
(4)(b)(iii) designated as a staff judge advocate officer.
(5) (5)(a) The state judge advocate or service staff judge advocate shall make frequent inspections of military units throughout the state to supervise the administration of military justice.
(5)(b) The duty described in Subsection (5)(a) may be delegated to an assistant state judge advocate.
(6) (6)(a) The convening authority shall review directly with the convening authority's staff judge advocate all matters relating to the administration of military justice and administrative actions.
(6)(b) 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 state staff judge advocate.
(7) 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, state judge advocate, state staff judge advocate, service staff judge advocate, or legal officer to any reviewing authority upon the same case.

Legislative History

Amended by Chapter 257, 2025 General Session