Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 1 - General › Section II-106 - Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
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.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).