
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3037]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                       CHAPTER 305--THE ARMY STAFF
 
Sec. 3037. Judge Advocate General, Assistant Judge Advocate 
        General, and general officers of Judge Advocate General's Corps: 
        appointment; duties
        
    (a) The President, by and with the advice and consent of the Senate, 
shall appoint the Judge Advocate General, the Assistant Judge Advocate 
General, and general officers of the Judge Advocate General's Corps, 
from officers of the Judge Advocate General's Corps, who are recommended 
by the Secretary of the Army. An officer appointed as the Judge Advocate 
General or Assistant Judge Advocate General normally holds office for 
four years. However, the President may terminate or extend the 
appointment at any time. If an officer who is so appointed holds a lower 
regular grade, he shall be appointed in the regular grade of major 
general.
    (b) The Judge Advocate General 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, in addition to other duties 
prescribed by law--
        (1) is the legal adviser of the Secretary of the Army and of all 
    officers and agencies of the Department of the Army;
        (2) shall direct the members of the Judge Advocate General's 
    Corps in the performance of their duties; and
        (3) shall receive, revise, and have recorded the proceedings of 
    courts of inquiry and military commissions.

    (d) Under regulations prescribed by the Secretary of Defense, the 
Secretary of the Army, in selecting an officer for recommendation to the 
President under subsection (a) for appointment as the Judge Advocate 
General or Assistant 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. 164; Pub. L. 85-861, Sec. 33(a)(18), 
Sept. 2, 1958, 72 Stat. 1565; Pub. L. 103-337, div. A, title V, 
Sec. 504(a), Oct. 5, 1994, 108 Stat. 2750.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3037(a)...............................  10:21h(c).                           Ju
ne 28, 1950, ch. 383, Sec.
                                        10:61a.                               2
08(c), 64 Stat. 267.
3037(b)...............................  50:741.                              Ju
ne 24, 1948, ch. 625, Secs.  248,
3037(c)...............................  10:62.                                2
49, 62 Stat. 643.
                                        10:62a.                              Ma
y 5, 1950, ch. 169, Sec.  13, 64
                                        10:63.                                S
tat. 147.
                                        ...................................  R.
S. 1199.
                                        ...................................  Ju
ne 23, 1874, ch. 458, Sec.  2, 18
                                                                              S
tat. 244.
                                        ...................................  R.
S. 1201.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``Notwithstanding any other provision 
of law'' and ``for such positions'' are omitted as surplusage. The last 
sentence is substituted for 10:61a (last sentence). 10:21h(c) is omitted 
as covered by 10:61a.
    In subsection (b), the words ``Hereafter'' and ``exclusive of the 
present incumbents'' are omitted as surplusage.
    In subsection (c), the words ``In addition to duties elsewhere 
prescribed for him by law'', in 10:62, are omitted as surplusage. The 
words ``and perform such other duties as may be prescribed by the 
Secretary of the Army'', in 10:62, are omitted as superseded by sections 
3012(e) and 3036(d) of this title. Clause (2) is substituted for 10:62a 
(words after semicolon) and 63. The Act of June 23, 1874, ch. 458, 
Sec. 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 as superseded by sections 3037(a) and 3211 of this 
title.

                            1958 Act

    The change corrects an inadvertence. The source statute for section 
3036(c) of title 10 (the third sentence of sec. 513(a) of the Officer 
Personnel Act of 1947, 61 Stat. 901), providing for a 4-year term of 
office, applied also to the Judge Advocate General and the Assistant 
Judge Advocate General. As restated in section 3036(c), it now applies 
only to the officers named in section 3036(b), which excludes the two 
officers named. For this reason, the effect of the source statute with 
respect to those officers is added to section 3037(a), relating to their 
appointment.


                               Amendments

    1994--Subsec. (d). Pub. L. 103-337 added subsec. (d).
    1958--Subsec. (a). Pub. L. 85-861 provided that the Judge Advocate 
General or Assistant Judge Advocate General shall normally hold office 
for four years, and empowered the President to terminate or extend the 
appointment at any time.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 
33(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3036, 3039 of this title.
