La. Admin. Code tit. 41 § II-106

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-106 - Responsibilities

A. State Judge Advocate. The State Judge Advocate (SJA) is responsible for the overall supervision and administration of military justice within the Louisiana National Guard. The State Judge Advocate is also the legal advisor to The Adjutant General (TAG) and the Governor in their capacities as General Courts Martial convening authorities. The SJA supervises all Judge Advocate Legal Services (JALS) in the National Guard. [LCMJ Article 6, 34, 60; R.C.M. 406, 1106.] The SJA or his assistants shall make frequent inspections in the field in supervision of the administration of military justice. [LCMJ Article 6C.] The SJA may publish directives or rules not inconsistent herewith for the conduct of military justice operations.

B. Staff Judge Advocates. Brigade and/or Direct Reporting Unit Staff Judge Advocates are responsible for providing legal advice and services to their respective commands. The Staff Judge Advocate has responsibilities generally corresponding to those discharged by the State Judge Advocate with relation to TAG.Staff Judge Advocates assist the commander by identifying legal problems and participating in making legally acceptable decisions. Staff Judge Advocates supervise Trial Counsel and other Judge Advocates assigned to the DRU and control the duties and responsibilities assigned to the Trial Counsel and other Judge Advocates assigned to the DRU. Additionally, the Staff Judge Advocates supervise all paralegals assigned to the DRU and to Summary Court Martial Convening Authorities (i.e. Battalions) which are attached to the DRU. As such the Staff Judge Advocate is authorized by this regulation to consolidate all paralegals at a DRU law center in order to better provide efficient and timely legal services to the command.

C. Chief of Military Justice. The Chief of Military Justice is responsible for assisting in the professional development and guidance for all LANG Trial Counsel in all facets of military justice actions. The chief will supervise and is responsible for all post-trial matters for Special and General Courts-Martial. He will also provide guidance and assistance on pre-trial matters, especially preparation of convening orders and the selection of panel members.

D. Chief, Trial Defense Service. In order to provide independent trial defense counsel services to the Soldiers and Airmen of the Louisiana National Guard, TAG established Louisiana National Guard Trial Defense Service. (LANG TDS). Chief, LANG TDS shall operate independently from the State Judge Advocate and shall provided separate offices, automation, and support. Chief, LANG TDS shall provide defense counsel services for LANG personnel, whenever required by law or regulation and authorized by the State Judge Advocate. Chief, LANG TDS shall also develop programs and policies to promote the effective and efficient use of defense counsel resources and enhance the professional qualifications of all personnel providing defense services. Chief, LANG TDS is appointed by the State Judge Advocate and certified under LCMJ Article 27b(2) and is the Supervisor of all defense counsel assigned to LANG TDS. Chief, LANG TDS details defense counsel to courts martial and recommends personnel for service in LANG TDS. Chief, LANG TDS may represent soldiers and airmen in courts martial, administrative boards, and other proceedings and act as consulting counsel as required by law and regulations. Chief, LANG TDS may assist the State Judge Advocate and DRU SJA's with mobilization issues that do not relate to criminal law (ie Wills, Powers of Attorney).

E. Other Assigned Judge Advocate Legal Service (JALS) Personnel. Other assigned personnel of a JALS perform those duties prescribed by their superiors and/or outlined in applicable regulations as supplemented by superior competent authority.

F. Commanders. Commanders at each level are responsible for carrying out the military justice responsibilities outlined in this Regulation and other references. A copy of this Regulation is issued to each unit down to the company/squadron level to be maintained in the units' publications library, and is subject to inspection. It is imperative that commanders familiarize themselves with the contents of these materials. [See also, paragraph 2-3.]

G. Convening Authorities. Convening Authorities are responsible for carrying out those duties outlined in this Regulation and other references. Careful attention will be given to the area of Unlawful Command Influence discussed in Chapter 2.

La. Admin. Code tit. 41, § II-106

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2352 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).