10 U.S.C. § 806 — Art. 6. Judge advocates and legal officers

Page 722 TITLE 10—ARMED FORCES § 805 § 805. Art. 5. Territorial applicability of this chap- ter This chapter applies in all places. (Aug. 10, 1956, ch. 1041, 70A Stat. 39.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 805 .......... 50:555. May 5, 1950, ch. 169, § 1 (Art. 5), 64 Stat. 110. The word ‘‘applies’’ is substituted for the words ‘‘shall be applicable’’. § 806. Art. 6. Judge advocates and legal officers (a) The assignment for duty of judge advocates of the Army, Navy, Air Force, and Coast Guard shall be made upon the recommendation of the Judge Advocate General of the armed force of which they are members. The assignment for duty of judge advocates of the Marine Corps shall be made by direction of the Commandant of the Marine Corps. The Judge Advocates Gen- eral, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Ma- rine Corps, or senior members of their staffs, shall make frequent inspections in the field in supervision of the administration of military justice. (b) Convening authorities shall at all times communicate directly with their staff judge ad- vocates or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any com- mand is entitled to communicate directly with the staff judge advocate or legal officer of a su- perior or subordinate command, or with the Judge Advocate General. (c)(1) No person who, with respect to a case, serves in a capacity specified in paragraph (2) may later serve as a staff judge advocate or legal officer to any reviewing or convening au- thority upon the same case. (2) The capacities referred to in paragraph (1) are, with respect to the case involved, any of the following: (A) Preliminary hearing officer, court mem- ber, military judge, military magistrate, or appellate judge. (B) Counsel who have acted in the same case or appeared in any proceeding before a mili- tary judge, military magistrate, preliminary hearing officer, or appellate court. (d)(1) A judge advocate who is assigned or de- tailed to perform the functions of a civil office in the Government of the United States under section 973(b)(2)(B) of this title may perform such duties as may be requested by the agency concerned, including representation of the United States in civil and criminal cases. (2) The Secretary of Defense, and the Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating as a serv- ice in the Navy, shall prescribe regulations pro- viding that reimbursement may be a condition of assistance by judge advocates assigned or de- tailed under section 973(b)(2)(B) of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 39; Pub. L. 90–179, § 1(3), Dec. 8, 1967, 81 Stat. 545; Pub. L. 90–632, § 2(2), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98–209, § 2(b), Dec. 6, 1983, 97 Stat. 1393; Pub. L. 99–661, div. A, title VIII, § 807(a), Nov. 14, 1986, 100 Stat. 3909; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title V, § 531(d)(1), Jan. 2, 2013, 126 Stat. 1726; Pub. L. 114–328, div. E, title LI, § 5103, Dec. 23, 2016, 130 Stat. 2895.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 806(a) ...... 806(b) ...... 50:556(a). 50:556(b). May 5, 1950, ch. 169, § 1 (Art. 6), 64 Stat. 110. 806(c) ...... 50:556(c). In subsection (b), the word ‘‘entitled’’ is substituted for the word ‘‘authorized’’. In subsection (c), the words ‘‘may later’’ are sub- stituted for the words ‘‘shall subsequently’’. Editorial Notes AMENDMENTS 2016—Subsec. (c). Pub. L. 114–328 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating of- ficer in any case may later act as a staff judge advocate or legal officer to any reviewing authority upon the same case.’’ 2013—Subsec. (a). Pub. L. 112–239 substituted ‘‘The Judge Advocates General, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, or senior members of their staffs, shall’’ for ‘‘The Judge Advocate General or senior members of his staff shall’’. 2002—Subsec. (d)(2). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1986—Subsec. (d). Pub. L. 99–661 added subsec. (d). 1983—Subsec. (a). Pub. L. 98–209 substituted ‘‘Air Force, and’’ for ‘‘and Air Force and law specialists of the’’. 1968—Subsec. (c). Pub. L. 90–632 substituted ‘‘military judge’’ for ‘‘law officer’’. 1967—Subsec. (a). Pub. L. 90–179 substituted reference to judge advocates of the Navy for reference to law spe- cialists of the Navy and provided for the assignment of judge advocates of the Marine Corps. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–661, div. A, title VIII, § 807(b), Nov. 14, 1986, 100 Stat. 3909, provided that: ‘‘The amendment made by subsection (a) [amending this section]— ‘‘(1) shall take effect on the date of the enactment of this Act [Nov. 14, 1986]; and ‘‘(2) may not be construed to invalidate an action taken by a judge advocate, pursuant to an assign- ment or detail under section 973(b)(2)(B) of title 10, United States Code, before the date of the enactment of this Act.’’ Page 723 TITLE 10—ARMED FORCES § 806b EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. § 806a. Art. 6a. Investigation and disposition of matters pertaining to the fitness of military judges (a) The President shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fit- ness of a military appellate judge, military judge, or military magistrate to perform the du- ties of the position involved. To the extent prac- ticable, the procedures shall be uniform for all armed forces. (b) The President shall transmit a copy of the procedures prescribed pursuant to this section to the Committee on Armed Services of the Sen- ate and the Committee on Armed Services of the House of Representatives. (Added Pub. L. 101–189, div. A, title XIII, § 1303, Nov. 29, 1989, 103 Stat. 1576; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 114–328, div. E, title LI, § 5104, Dec. 23, 2016, 130 Stat. 2895.) Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–328 substituted ‘‘mili- tary appellate judge, military judge, or military mag- istrate to perform the duties of the position involved.’’ for ‘‘military judge or military appellate judge to per- form the duties of the judge’s position.’’ 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (b). Pub. L. 104–106 substituted ‘‘Com- mittee on Armed Services of the Senate and the Com- mittee on National Security of the House of Represent- atives’’ for ‘‘Committees on Armed Services of the Sen- ate and House of Representatives’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 806b. Art. 6b. Rights of the victim of an offense under this chapter (a) RIGHTS OF A VICTIM OF AN OFFENSE UNDER THIS CHAPTER.—A victim of an offense under this chapter has the following rights: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any of the following: (A) A public hearing concerning the con- tinuation of confinement prior to trial of the accused. (B) A preliminary hearing under section 832 of this title (article 32) relating to the of- fense. (C) A court-martial relating to the offense. (D) A post-trial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the ac- cused. (E) A public proceeding of the service clemency and parole board relating to the offense. (F) The release or escape of the accused, unless such notice may endanger the safety of any person. (3) The right not to be excluded from any public hearing or proceeding described in para- graph (2) unless the military judge or prelimi- nary hearing officer, as applicable, after re- ceiving clear and convincing evidence, deter- mines that testimony by the victim of an of- fense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding. (4) The right to be reasonably heard at any of the following: (A) A public hearing concerning the con- tinuation of confinement prior to trial of the accused. (B) A sentencing hearing relating to the offense. (C) A public proceeding of the service clemency and parole board relating to the offense. (5) The reasonable right to confer with the counsel representing the Government at any proceeding described in paragraph (2). (6) The right to receive restitution as pro- vided in law. (7) The right to proceedings free from unrea- sonable delay. (8) The right to be informed in a timely manner of any plea agreement, separation-in- lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless pro- viding such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused. (9) The right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this chapter. (b) VICTIM OF AN OFFENSE UNDER THIS CHAPTER DEFINED.—In this section, the term ‘‘victim of an offense under this chapter’’ means an indi- vidual who has suffered direct physical, emo- tional, or pecuniary harm as a result of the com- mission of an offense under this chapter. (c) APPOINTMENT OF INDIVIDUALS TO ASSUME RIGHTS FOR CERTAIN VICTIMS.—In the case of a victim of an offense under this chapter who is under 18 years of age (but who is not a member of the armed forces), incompetent, incapaci- tated, or deceased, the legal guardians of the victim or the representatives of the victim’s es- tate, family members, or any other person des- ignated as suitable by the military judge, may assume the rights of the victim under this sec- tion. However, in no event may the individual so designated be the accused.