§15-1E-7 Judge advocates and legal officers. - West Virginia Statutes

§15-1E-7. Judge advocates and legal officers.

(a) The adjutant general shall appoint a judge advocate officer of the state military forces as state judge advocate. To be eligible for appointment, such officer shall have been a member of the bar of the supreme court of appeals of West Virginia for at least five years, and shall have satisfactorily completed all educational requirements for active military service as a field grade judge advocate general corps officer.

(b) The adjutant general may appoint as many assistant state judge advocates as he considers necessary. To be eligible for appointment, assistant state judge advocates must be judge advocate officers of the state military forces and members of the bar of the supreme court of appeals of West Virginia.

(c) The state judge advocate or his assistants shall make inspections in the field in supervision of the administration of military justice.

(d) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officer in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the state judge advocate.

(e) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.