(1) The Governor, on the recommendation of the Adjutant General, shall appoint an officer of the organized militia as State Judge Advocate. To be eligible for appointment, an officer must:
(a) Be a member in good standing of the Oregon State Bar;
(b) Have been a member of the Oregon State Bar for at least five years; and
(c) Meet the qualifications for a judge advocate under the Uniform Code of Military Justice.
(2) The Adjutant General may appoint as many Assistant State Judge Advocates as the Adjutant General deems necessary. The Assistant State Judge Advocates shall be officers of the organized militia and members of the Oregon State Bar. However, the Adjutant General may appoint temporary Assistant State Judge Advocates for a period not to exceed 12 months. An individual appointed as a temporary Assistant State Judge Advocate shall be an officer of the Oregon State Defense Force and shall be legally trained but is not required to be admitted to the practice of law by the Supreme Court of this state. The legal services performed by temporary Assistant State Judge Advocates shall be limited to those legal services that may be performed by legal assistants consistent with ORS 9.160.
(3) The State Judge Advocate or assistants shall make frequent inspections in the field for supervision of the administration of military justice and general military legal matters.
(4) Convening authorities shall at all times communicate directly with their staff judge advocate or legal officers in matters relating to the administration of military justice and general military legal matters; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the State Judge Advocate.
(5) A person who has acted as 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 in any case, may not later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
(6) A judicial officer, as defined by ORS 1.210, is not prohibited, by reason of holding that office, from performing all acts necessary or incumbent to the authorized exercise of duties as a judge advocate or as a member of the Military Council. [1961 c.454 §83; 1975 c.719 §3; 1993 c.483 §1; 2005 c.512 §7]Section: Previous 398.002 398.004 398.006 398.008 398.010 398.012 398.014 398.052 398.054 398.056 398.058 398.060 398.062 398.064 398.065 Next
Last modified: August 7, 2008