Oklahoma § 44-806 - Judge advocates

§ 44-806. Judge advocates

ARTICLE 6. Judge advocates.

A. Designation of State Judge Advocate and senior force

component judge advocate. The Adjutant General shall designate in

writing a State Judge Advocate from among the judge advocates duly

commissioned in the state military forces. Regardless of rank, the

State Judge Advocate shall be considered the senior force component

judge advocate in the force component of which he or she is a

member. Unless such authority is delegated in accordance with

subsection B or C of Section 25 of this title, the Adjutant General

shall also designate in writing a senior force component judge

advocate in the military force component of which the judge advocate

designated as the State Judge Advocate is not a member.

B. Inspections. The senior force component judge advocates in

each of the state's military force components or those judge

advocates' delegates shall make frequent inspections in the field in

supervision of the administration of military justice in that force

component.

C. Communication. Convening authorities shall at all times

communicate directly with their judge advocates in matters relating

to the administration of military justice. The judge advocate of

any command is entitled to communicate directly with the judge

advocate of a superior or subordinate command, or with the State

Judge Advocate.

D. Limitations due to prior capacity. No person who, with

respect to a case, serves in a capacity specified in subsection E of

this section may later serve as a judge advocate to any reviewing or

convening authority upon the same case.

E. Conflicts of interest. The capacities referred to in

subsection D of this section are, with respect to the case involved,

any of the following:

1. Preliminary hearing officer, court member, military trial

judge, military magistrate, or appellate military judge; or

2. Counsel who have acted in the same case or appeared in any

proceeding before a military trial judge, preliminary hearing

officer, or appellate court.

F. Duties. The senior force component judge advocate of each

force component within the state military forces shall oversee the

Oklahoma Statutes - Title 44. Militia

following functions among the judge advocates and paralegals in

their respective force components:

1. Recruitment and accession of new recruits;

2. Retention;

3. Education and training;

4. Career development and progression; and

5. Decoration.

G. Assignment of legal personnel. The senior force component

judge advocate of each force component within the state military

forces shall determine the place of duty and frequency of

reassignment among the major commands in their respective force

components for each judge advocate and paralegal.

H. Legal counsel. The State Judge Advocate shall provide legal

counsel to the Adjutant General and, as requested, to the other

senior leaders of the state military forces. The State Judge

Advocate shall ensure that the Adjutant General receives legal

counsel from the senior force component judge advocate of the force

component of which the Adjutant General is not a member on matters

relevant to that force component.

Added by Laws 2019, c. 408, § 10, eff. Oct. 1, 2019. Amended by

Laws 2021, c. 12, § 11, emerg. eff. April 13, 2021.