§ 318. Judge Advocate General; Deputy Judge Advocate General: appointment; duties

643 words·~3 min read·/usc/title-14/section-318

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(a)In General.— The Judge Advocate General in the Coast Guard shall be appointed by the President, by and with the advice and consent of the Senate, from officers of the Coast Guard designated as judge advocates. The term of office is not more than 4 years.

(b)Appointment.— The Judge Advocate General of the Coast Guard shall be appointed from those officers who at the time of appointment are members of the bar of a Federal court or the highest court of a State, and who have had at least 8 years of experience in legal duties as commissioned officers.

(c)Duties.— The Judge Advocate General, in addition to other duties prescribed by law—

(1)is the legal adviser of the Commandant of the Coast Guard and of all officers and agencies of the Coast Guard;

(2)shall direct the officers of the Coast Guard designated as judge advocates in the performance of their duties; and

(3)shall receive, revise, and have recorded the proceedings of courts of inquiry and military commissions.

(d)Deputy Judge Advocate General.—

(1)In general.— The Deputy Judge Advocate General in the Coast Guard shall be appointed by the Commandant, from civilians in the Senior Executive Service (career reserved) who meet the qualifications set forth in subsection (b). The term of office of the Deputy Judge Advocate General is not more than four years with reappointment for an additional term of 4 years.

(2)Vacancy of judge advocate general.— When there is a vacancy in the office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases. Should a vacancy in the Deputy Judge Advocate General position overlap with a vacancy in the office of the Judge Advocate General, the Commandant shall establish an acting Judge Advocate General from officers of the Coast Guard designated as judge advocates with the qualifications in subsection (b).

(3)Acting deputy judge advocate general.— When there is a vacancy of the position of Deputy Judge Advocate General, to include during the absence or disability of the Judge Advocate General, the Commandant shall establish an acting Deputy Judge Advocate from officers of the Coast Guard designated as judge advocates with the qualifications in subsection (b). Such officer shall perform the duties of the Deputy Judge Advocate General until a successor is appointed or the absence or disability ceases. Should a vacancy in the Deputy Judge Advocate General position overlap with a vacancy in the office of the Judge Advocate General, the Commandant shall establish an acting Deputy Judge Advocate from civilians in the Senior Executive Service (career reserved), or GS-15s, who meet the qualifications in subsection (b).

(4)Compliance with act.— The Commandant shall ensure compliance with this section not later than 30 days after enactment of this section.

(e)Limitation.— No officer or employee of the Department of Homeland Security may interfere with—

(1)the ability of the Judge Advocate General to give independent legal advice to the Commandant or Vice Commandant; or

(2)the ability of judge advocates of the Coast Guard assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.

(Added Pub. L. 119–60, div. G, title LXXII, § 7201(e)(6), Dec. 18, 2025, 139 Stat. 1680.)

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