§8037. Judge Advocate General, Deputy Judge Advocate General: appointment; duties

(a) There is a Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force. The term of office is four years, but may be sooner terminated or extended by the President. An appointee who holds a lower regular grade shall be appointed in the regular grade of major general.

(b) The Judge Advocate General of the Air Force 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 or Territory, and who have had at least eight years of experience in legal duties as commissioned officers.

(c) The Judge Advocate General shall, in addition to other duties prescribed by law-

(1) receive, revise, and have recorded the proceedings of courts of inquiry and military commissions; and

(2) perform such other legal duties as may be directed by the Secretary of the Air Force.

(d)(1) There is a Deputy Judge Advocate General in the Air Force, who is appointed by the President, by and with the advice and consent of the Senate, from officers of the Air Force who have the qualifications prescribed in subsection (b) for the Judge Advocate General. The term of office of the Deputy Judge Advocate General is two years, but may be sooner terminated or extended by the President. An officer appointed as Deputy Judge Advocate General shall be appointed in a regular grade to be determined by the Secretary of Defense.

(2) 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.

(3) When paragraph (2) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the heads of the major divisions of the Office of the Judge Advocate General, in the order directed by the Secretary of the Air Force, shall perform the duties of the Judge Advocate General, unless otherwise directed by the President.

(e) Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force, in selecting an officer for recommendation to the President under subsection (a) for appointment as the Judge Advocate General or under subsection (d) for appointment as the Deputy Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 495 , §8072; Sept. 8, 1980, Pub. L. 96–343, §12(a), (b)(1), 94 Stat. 1130 , 1131; renumbered §8037, Oct. 1, 1986, Pub. L. 99–433, title V, §522(f), 100 Stat. 1063 ; Oct. 5, 1994, Pub. L. 103–337, div. A, title V, §504(c), 108 Stat. 2751 .)

In subsection (a), the words "subject to the provisions of section 741 of Title 50" are omitted as surplusage. The words "but may be sooner terminated, or extended, by the President" are substituted for 10:1840(a) (last 11 words of 1st sentence, and 2d sentence). 10:1840(a) (1st 46 words of 3d sentence) is omitted as surplusage. 10:1840(a) (last sentence) is omitted as executed. The words "by the President, by and with the advice and consent of the Senate", as they relate to the appointment as a major general in the Regular Air Force, are omitted as covered by section 8284 of this title.

In subsection (b), the words "Hereafter" and "exclusive of the present incumbents" are omitted as surplusage. The words "at least" are substituted for the words "not less than a total".

In subsection (c), the Act of June 23, 1874, ch. 458, §2 (words before semicolon of 1st sentence, and last sentence), 18 Stat. 244 , are not contained in 10:62. They are also omitted from the revised section, since the Air Force does not have organic corps created by statute.

Amendments

1994-Subsec. (e). Pub. L. 103–337 added subsec. (e).

1980-Pub. L. 96–343, §12(b)(1), substituted "General, Deputy Judge Advocate General:" for "General:" in section catchline.

Subsec. (d). Pub. L. 96–343, §12(a), added subsec. (d).

Cross References

Army, appointment and duties of Judge Advocate General, see section 3037 of this title.

Marine Corps, Staff Judge Advocate to Commandant, see section 5046 of this title.

Navy, appointment, term, emoluments and duties of Judge Advocate General, see section 5148 of this title.