§44-806. Judge advocates.
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/ok/title-44-militia/44-806·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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
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.