Alabama 2025 Regular Session

Alabama Senate Bill SB198 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB198ENROLLED~~
	1	+	SB198INTRODUCED
2	2		Page 0
3	3		SB198
4		-	CXGHYQQ-2
	4	+	CXGHYQQ-1
5	5		By Senator Givhan
6	6		RFD: Veterans, Military Affairs and Public Safety
7	7		First Read: 25-Feb-25
8	8		1
9	9		2
10	10		3
11	11		4
12		-	5 ~~SB198 Enrolled~~
	12	+	5 CXGHYQQ-1 02/25/2025 ZAK (L)ma 2025-988
13	13		Page 1
14	14		First Read: 25-Feb-25
15		-	Enrolled, An Act,
	15	+	SYNOPSIS:
	16	+	This bill would establish and provide procedures
	17	+	for the Alabama National Guard Legal Services Office,
	18	+	including various positions within the office and
	19	+	accompanying duties thereof.
	20	+	This bill would establish and provide procedures
	21	+	for the Alabama National Guard Legal Assistance
	22	+	Program, including various positions within the office
	23	+	and accompanying duties thereof.
	24	+	This bill would also authorize judge advocates
	25	+	and paralegals to perform notary acts under certain
	26	+	circumstances.
	27	+	A BILL
	28	+	TO BE ENTITLED
	29	+	AN ACT
16	30		Relating to the Alabama National Guard; to add Chapters
17	31		2B and 2C to Title 31 of the Code of Alabama 1975, to
18	32		establish and provide for the Alabama National Guard Legal
19	33		Services Office, including positions therein; to establish and
20	34		provide for the Alabama National Guard Legal Assistance
21	35		Program, including positions therein; and to authorize judge
22	36		advocates and paralegals to perform notary actions under
23		-	certain circumstances.
24		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
25		-	Section 1. Chapter 2B is added to Title 31 of the Code
26		-	of Alabama 1975, to read as follows:
27		-	§31-2B-1.
28		-	This chapter establishes and defines the operational
29		-	procedures of the Alabama National Guard Legal Services
30		-	Office, including the office's composition, mission, and
31		-	functions; provides duties and explains policies, objectives,
32		-	and procedures for the development and maintenance of the
33		-	office; provides duties for the supervision, training,
34		-	employment, and administration of personnel; and provides
35		-	procedures for acquiring and maintaining office legal research
36		-	resources.
37		-	§31-2B-2.
38		-	This chapter applies to all judge advocates and
39		-	services and personnel thereof at all times, including during
40		-	federal service.
41	37		1
42	38		2
43	39		3
44	40		4
45	41		5
46	42		6
47	43		7
48	44		8
49	45		9
50	46		10
51	47		11
52	48		12
53	49		13
54	50		14
55	51		15
56	52		16
57	53		17
58	54		18
59	55		19
60	56		20
61	57		21
62	58		22
63	59		23
64	60		24
65	61		25
66	62		26
67	63		27
68		-	28 SB198 ~~Enrolled~~
	64	+	28 SB198 INTRODUCED
69	65		Page 2
	66	+	advocates and paralegals to perform notary actions under
	67	+	certain circumstances.
	68	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	69	+	Section 1. Chapter 2B is added to Title 31 of the Code
	70	+	of Alabama 1975, to read as follows:
	71	+	§31-2B-1.
	72	+	This chapter establishes and defines the operational
	73	+	procedures of the Alabama National Guard Legal Services
	74	+	Office, including the office's composition, mission, and
	75	+	functions; provides duties and explains policies, objectives,
	76	+	and procedures for the development and maintenance of the
	77	+	office; provides duties for the supervision, training,
	78	+	employment, and administration of personnel; and provides
	79	+	procedures for acquiring and maintaining office legal research
	80	+	resources.
	81	+	§31-2B-2.
	82	+	This chapter applies to all judge advocates and
	83	+	services and personnel thereof at all times, including during
70	84		federal service.
71	85		§31-2B-3.
72	86		(a) The Alabama National Guard and State Military
73	87		Department shall adopt Army Regulation 27-1 and Air Force
74	88		Instruction 51-304 as controlling when judge advocates are in
75	89		federal service and when not in federal service in an advisory
76	90		capacity.
77	91		(b) This chapter is supplemental and shall not be
78	92		construed to abrogate any duties, responsibilities, or
79	93		liabilities of judge advocates or legal services personnel.
80	94		§31-2B-4.
81		-	(a) The Legal Services Office shall be a joint office
82		-	shared by the Alabama Army and Air National Guard. There shall
83		-	be a state staff judge advocate for the Army National Guard
84		-	and for the Air National Guard.
85		-	(b) Each state staff judge advocate shall do all of the
86		-	following:
87		-	(1) Perform the duties as prescribed by the Adjutant
88		-	General and state and federal law.
89		-	(2) Serve as the primary legal adviser to the Adjutant
90		-	General regarding the State Military Department and all
91		-	officers and agencies of the department.
92		-	(3) Provide independent legal advice in coordination
93		-	with the Office of General Counsel and directly to the
94		-	Director of the Joint Staff, chief of staff of each service,
95		-	joint staff, and members of the Alabama National Guard,
96		-	generally.
97		-	(4) Provide legal advice in the following areas:
98		-	a. Military justice.
99	95		29
100	96		30
101	97		31
102	98		32
103	99		33
104	100		34
105	101		35
106	102		36
107	103		37
108	104		38
109	105		39
110	106		40
111	107		41
112	108		42
113	109		43
114	110		44
115	111		45
116	112		46
117	113		47
118	114		48
119	115		49
120	116		50
121	117		51
122	118		52
123	119		53
124	120		54
125	121		55
126		-	56 SB198 ~~Enrolled~~
	122	+	56 SB198 INTRODUCED
127	123		Page 3
	124	+	§31-2B-4.
	125	+	(a) The Legal Services Office shall be a joint office
	126	+	shared by the Alabama Army and Air National Guard. There shall
	127	+	be a state staff judge advocate for the Army National Guard
	128	+	and for the Air National Guard.
	129	+	(b) Each state staff judge advocate shall do all of the
	130	+	following:
	131	+	(1) Perform the duties as prescribed by the Adjutant
	132	+	General and state and federal law.
	133	+	(2) Serve as the primary legal adviser to the Adjutant
	134	+	General regarding the State Military Department and all
	135	+	officers and agencies of the department.
	136	+	(3) Provide independent legal advice in coordination
	137	+	with the Office of General Counsel and directly to the
	138	+	Director of the Joint Staff, chief of staff of each service,
	139	+	joint staff, and members of the Alabama National Guard,
	140	+	generally.
	141	+	(4) Provide legal advice in the following areas:
128	142		a. Military justice.
129	143		b. Administration and operation of State Military
130	144		Department.
131	145		c. Business, property, and financial operations under
132	146		the jurisdiction and authority of the State Military
133	147		Department and Armory Commission.
134	148		d. Administration, control, discipline, status, civil
135	149		relations, and activities of all State Military Department
136	150		personnel.
137	151		(5) Provide legal advice to the Adjutant General,
138	152		Director of the Joint Staff, chief of staff of each service,
139		-	and joint staff in all legal matters concerning the State
140		-	Military Department, including environmental law, labor and
141		-	civilian personnel law, contract law, and fiscal and tax law.
142		-	(6) Develop legal office management policies and
143		-	procedures to accomplish all legal services within the Alabama
144		-	National Guard.
145		-	(7) Direct the members of the Alabama National Guard
146		-	Judge Advocate General Corps in the performance of their
147		-	duties, including leading and managing all aspects of the
148		-	Legal Service Office.
149		-	(8) Exercise technical supervision over the delivery of
150		-	legal services in the Alabama Army and Air National Guard and
151		-	all legal services personnel under the authority of the
152		-	Adjutant General.
153		-	(9) Certify that all judge advocates are professionally
154		-	qualified and maintain the highest levels of ethical and moral
155		-	behavior and professional proficiency to perform legal duties.
156		-	(10) Manage the professional legal training within the
157	153		57
158	154		58
159	155		59
160	156		60
161	157		61
162	158		62
163	159		63
164	160		64
165	161		65
166	162		66
167	163		67
168	164		68
169	165		69
170	166		70
171	167		71
172	168		72
173	169		73
174	170		74
175	171		75
176	172		76
177	173		77
178	174		78
179	175		79
180	176		80
181	177		81
182	178		82
183	179		83
184		-	84 SB198 ~~Enrolled~~
	180	+	84 SB198 INTRODUCED
185	181		Page 4
	182	+	Director of the Joint Staff, chief of staff of each service,
	183	+	and joint staff in all legal matters concerning the State
	184	+	Military Department, including environmental law, labor and
	185	+	civilian personnel law, contract law, and fiscal and tax law.
	186	+	(6) Develop legal office management policies and
	187	+	procedures to accomplish all legal services within the Alabama
	188	+	National Guard.
	189	+	(7) Direct the members of the Alabama National Guard
	190	+	Judge Advocate General Corps in the performance of their
	191	+	duties, including leading and managing all aspects of the
	192	+	Legal Service Office.
	193	+	(8) Exercise technical supervision over the delivery of
	194	+	legal services in the Alabama Army and Air National Guard and
	195	+	all legal services personnel under the authority of the
	196	+	Adjutant General.
	197	+	(9) Certify that all judge advocates are professionally
	198	+	qualified and maintain the highest levels of ethical and moral
	199	+	behavior and professional proficiency to perform legal duties.
186	200		(10) Manage the professional legal training within the
187	201		Alabama National Guard.
188	202		(11) Determine the requirements for the Alabama
189	203		National Guard's acquisition of legal research materials,
190	204		software, applications, and programs.
191	205		(12) Provide legal services to the Alabama National
192	206		Guard through the Legal Services Office and the Office of
193	207		General Counsel.
194	208		(13) Direct the delivery of Alabama Army and Air
195	209		National Guard legal services across a broad spectrum of legal
196	210		disciplines, including military justice, international and
197		-	operational law, administrative and civil law, contract and
198		-	fiscal law, claims, and legal assistance.
199		-	§31-2B-5.
200		-	(a) Under the direction of the Adjutant General and the
201		-	state staff judge advocates, the General Counsel shall do all
202		-	of the following:
203		-	(1) Advise and support the state staff judge advocates
204		-	on all judge advocate legal service matters.
205		-	(2) Advise the Adjutant General, State Military
206		-	Department, Governor, chiefs of staff of each service, and
207		-	Director of the Joint Staff, as necessary.
208		-	(3) Serve as Chief Information Officer for the Judge
209		-	Advocate General Counsel.
210		-	(4) Inspect, supervise, and manage judge advocate
211		-	activities as directed by the state staff judge advocates.
212		-	(5) Supervise all Alabama National Guard litigation and
213		-	appeals.
214		-	(6) Supervise and provide advice on all contract and
215	211		85
216	212		86
217	213		87
218	214		88
219	215		89
220	216		90
221	217		91
222	218		92
223	219		93
224	220		94
225	221		95
226	222		96
227	223		97
228	224		98
229	225		99
230	226		100
231	227		101
232	228		102
233	229		103
234	230		104
235	231		105
236	232		106
237	233		107
238	234		108
239	235		109
240	236		110
241	237		111
242		-	112 SB198 ~~Enrolled~~
	238	+	112 SB198 INTRODUCED
243	239		Page 5
	240	+	disciplines, including military justice, international and
	241	+	operational law, administrative and civil law, contract and
	242	+	fiscal law, claims, and legal assistance.
	243	+	§31-2B-5.
	244	+	(a) Under the direction of the Adjutant General and the
	245	+	state staff judge advocates, the General Counsel shall do all
	246	+	of the following:
	247	+	(1) Advise and support the state staff judge advocates
	248	+	on all judge advocate legal service matters.
	249	+	(2) Advise the Adjutant General, State Military
	250	+	Department, Governor, chiefs of staff of each service, and
	251	+	Director of the Joint Staff, as necessary.
	252	+	(3) Serve as Chief Information Officer for the Judge
	253	+	Advocate General Counsel.
	254	+	(4) Inspect, supervise, and manage judge advocate
	255	+	activities as directed by the state staff judge advocates.
	256	+	(5) Supervise all Alabama National Guard litigation and
	257	+	appeals.
244	258		(6) Supervise and provide advice on all contract and
245	259		fiscal issues.
246	260		(7) Supervise and provide technical guidance regarding
247	261		military justice and administrative law.
248	262		(8) Supervise the Office of General Counsel, including
249	263		employment, professional responsibility, and office management
250	264		matters.
251	265		(9) Establish policy and operational guidance for all
252	266		aspects of the Legal Services Office.
253	267		(10) Supervise the Deputy General Counsel, associate
254	268		general counsels, deputy staff judge advocates, judge
255		-	advocates, all legal services personnel, and others who are
256		-	members of the Judge Advocate Legal Services Office to assist
257		-	the Office of General Counsel in supporting the state staff
258		-	judge advocates.
259		-	(b) The Office of General Counsel full-time staff shall
260		-	include a general counsel, deputy general counsel, chief
261		-	paralegal, and associate general counsels.
262		-	§31-2B-6.
263		-	The Deputy General Counsel shall do all of the
264		-	following:
265		-	(1) Serve as director for the Legal Services Office,
266		-	including military justice, legal assistance, administrative
267		-	law, contract and fiscal law, and any other services as
268		-	determined and delegated by a state staff judge advocate or
269		-	the Office of General Counsel.
270		-	(2) Coordinate and provide support for all legal
271		-	services throughout the Alabama National Guard and the State
272		-	Military Department under the direction of the state staff
273	269		113
274	270		114
275	271		115
276	272		116
277	273		117
278	274		118
279	275		119
280	276		120
281	277		121
282	278		122
283	279		123
284	280		124
285	281		125
286	282		126
287	283		127
288	284		128
289	285		129
290	286		130
291	287		131
292	288		132
293	289		133
294	290		134
295	291		135
296	292		136
297	293		137
298	294		138
299	295		139
300		-	140 SB198 ~~Enrolled~~
	296	+	140 SB198 INTRODUCED
301	297		Page 6
	298	+	general counsels, deputy staff judge advocates, judge
	299	+	advocates, all legal services personnel, and others who are
	300	+	members of the Judge Advocate Legal Services Office to assist
	301	+	the Office of General Counsel in supporting the state staff
	302	+	judge advocates.
	303	+	(b) The Office of General Counsel full-time staff shall
	304	+	include a general counsel, deputy general counsel, chief
	305	+	paralegal, and associate general counsels.
	306	+	§31-2B-6.
	307	+	The Deputy General Counsel shall do all of the
	308	+	following:
	309	+	(1) Serve as director for the Legal Services Office,
	310	+	including military justice, legal assistance, administrative
	311	+	law, contract and fiscal law, and any other services as
	312	+	determined and delegated by a state staff judge advocate or
	313	+	the Office of General Counsel.
	314	+	(2) Coordinate and provide support for all legal
	315	+	services throughout the Alabama National Guard and the State
302	316		Military Department under the direction of the state staff
303	317		judge advocates and the Office of General Counsel.
304	318		(3) Coordinate and support the Alabama National Guard
305	319		Army Soldier Readiness Program.
306	320		(4) Coordinate and provide support for all legal
307	321		services training in the Alabama National Guard.
308	322		(5) Coordinate and supervise all Alabama National Guard
309	323		preventative law publications.
310	324		(6) Provide advice and counsel to Alabama National
311	325		Guard SAPR/IPP Offices.
312	326		(7) Compile and publish the Alabama National Guard
313		-	Legal Services Manual upon approval by the state staff judge
314		-	advocates.
315		-	§31-2B-7.
316		-	The military justice associate general counsel shall do
317		-	all of the following:
318		-	(1) Serve as coordinator of all military justice
319		-	matters under the direction of the state staff judge advocates
320		-	and as delegated to the Office of General Counsel.
321		-	(2) Coordinate and provide support to the Chief of
322		-	Military Justice and all trial counsels and supporting staff.
323		-	(3) Provide and supervise all military justice training
324		-	throughout the Alabama National Guard.
325		-	(4) Compile and publish the Alabama Manual for
326		-	Court-Martial and any supporting state regulations and manuals
327		-	with advice and consent of the state staff judge advocates and
328		-	the Chief of Military Justice.
329		-	§31-2B-8.
330		-	The contract and fiscal law associate general counsel
331	327		141
332	328		142
333	329		143
334	330		144
335	331		145
336	332		146
337	333		147
338	334		148
339	335		149
340	336		150
341	337		151
342	338		152
343	339		153
344	340		154
345	341		155
346	342		156
347	343		157
348	344		158
349	345		159
350	346		160
351	347		161
352	348		162
353	349		163
354	350		164
355	351		165
356	352		166
357	353		167
358		-	168 SB198 ~~Enrolled~~
	354	+	168 SB198 INTRODUCED
359	355		Page 7
	356	+	(7) Compile and publish the Alabama National Guard
	357	+	Legal Services Manual upon approval by the state staff judge
	358	+	advocates.
	359	+	§31-2B-7.
	360	+	The military justice associate general counsel shall do
	361	+	all of the following:
	362	+	(1) Serve as coordinator of all military justice
	363	+	matters under the direction of the state staff judge advocates
	364	+	and as delegated to the Office of General Counsel.
	365	+	(2) Coordinate and provide support to the Chief of
	366	+	Military Justice and all trial counsels and supporting staff.
	367	+	(3) Provide and supervise all military justice training
	368	+	throughout the Alabama National Guard.
	369	+	(4) Compile and publish the Alabama Manual for
	370	+	Court-Martial and any supporting state regulations and manuals
	371	+	with advice and consent of the state staff judge advocates and
	372	+	the Chief of Military Justice.
	373	+	§31-2B-8.
360	374		The contract and fiscal law associate general counsel
361	375		shall do all of the following:
362	376		(1) Serve as coordinator of all contract and fiscal law
363	377		matters under the direction of the state staff judge advocates
364	378		and as delegated to the Office of General Counsel.
365	379		(2) Coordinate and provide support to the military
366	380		judge advocates assigned to contract and fiscal law sections.
367	381		(3) Provide and supervise all contract and fiscal law
368	382		training throughout the Alabama National Guard.
369	383		(4) Compile and publish the Alabama Manual for Contract
370	384		and Fiscal Law and any supporting rules and manuals with
371		-	advice and consent of the state staff judge advocates.
372		-	§31-2B-9.
373		-	The administrative and Civil Law Associate General
374		-	Counsel shall do all of the following:
375		-	(1) Serve as coordinator of all administrative and
376		-	civil law matters under the direction of the state staff judge
377		-	advocates and as delegated to the Office of General Counsel.
378		-	(2) Coordinate and provide support to the military
379		-	judge advocates assigned to administrative and civil law
380		-	sections.
381		-	(3) Provide and supervise all administrative and civil
382		-	law training throughout the Alabama National Guard.
383		-	(4) Compile and publish the Alabama Manual for
384		-	Administrative and Civil Law and any supporting rules and
385		-	manuals with advice and consent of the state staff judge
386		-	advocates.
387		-	§31-2B-10.
388		-	The Operational Law Associate General Counsel shall do
389	385		169
390	386		170
391	387		171
392	388		172
393	389		173
394	390		174
395	391		175
396	392		176
397	393		177
398	394		178
399	395		179
400	396		180
401	397		181
402	398		182
403	399		183
404	400		184
405	401		185
406	402		186
407	403		187
408	404		188
409	405		189
410	406		190
411	407		191
412	408		192
413	409		193
414	410		194
415	411		195
416		-	196 SB198 ~~Enrolled~~
	412	+	196 SB198 INTRODUCED
417	413		Page 8
	414	+	and Fiscal Law and any supporting rules and manuals with
	415	+	advice and consent of the state staff judge advocates.
	416	+	§31-2B-9.
	417	+	The administrative and Civil Law Associate General
	418	+	Counsel shall do all of the following:
	419	+	(1) Serve as coordinator of all administrative and
	420	+	civil law matters under the direction of the state staff judge
	421	+	advocates and as delegated to the Office of General Counsel.
	422	+	(2) Coordinate and provide support to the military
	423	+	judge advocates assigned to administrative and civil law
	424	+	sections.
	425	+	(3) Provide and supervise all administrative and civil
	426	+	law training throughout the Alabama National Guard.
	427	+	(4) Compile and publish the Alabama Manual for
	428	+	Administrative and Civil Law and any supporting rules and
	429	+	manuals with advice and consent of the state staff judge
	430	+	advocates.
	431	+	§31-2B-10.
418	432		The Operational Law Associate General Counsel shall do
419	433		all of the following:
420	434		(1) Serve as coordinator of all operational law matters
421	435		under the direction of the state staff judge advocate and as
422	436		delegated to the Office of General Counsel.
423	437		(2) Coordinate and provide support to military judge
424	438		advocates assigned to administrative and civil law sections.
425	439		(3) Provide and supervise all military justice training
426	440		throughout the Alabama National Guard.
427	441		(4) Compile and publish the Alabama Manual for
428	442		Operational Law and any supporting rules and manuals with
429		-	advice and consent of the state staff judge advocates.
430		-	§31-2B-11.
431		-	The Legal Assistance Associate General Counsel shall do
432		-	all of the following:
433		-	(1) Serve as coordinator of all legal assistance
434		-	matters under the direction of the state staff judge advocates
435		-	and as delegated to the Office of General Counsel.
436		-	(2) Coordinate and provide support to military judge
437		-	advocates assigned to legal services sections.
438		-	(3) Provide and supervise all legal assistance training
439		-	throughout the Alabama National Guard.
440		-	(4) Compile and publish the Alabama Manual for Legal
441		-	Assistance and any supporting rules and manuals with the
442		-	advice and consent of the state staff judge advocates.
443		-	§31-2B-12.
444		-	(a) Command, Wing, and Brigade Judge Advocates shall
445		-	provide legal services to Major Military Commands, including
446		-	MACOM, MAJCOM, and Wing in this state through legal offices
447	443		197
448	444		198
449	445		199
450	446		200
451	447		201
452	448		202
453	449		203
454	450		204
455	451		205
456	452		206
457	453		207
458	454		208
459	455		209
460	456		210
461	457		211
462	458		212
463	459		213
464	460		214
465	461		215
466	462		216
467	463		217
468	464		218
469	465		219
470	466		220
471	467		221
472	468		222
473	469		223
474		-	224 SB198 ~~Enrolled~~
	470	+	224 SB198 INTRODUCED
475	471		Page 9
	472	+	Operational Law and any supporting rules and manuals with
	473	+	advice and consent of the state staff judge advocates.
	474	+	§31-2B-11.
	475	+	The Legal Assistance Associate General Counsel shall do
	476	+	all of the following:
	477	+	(1) Serve as coordinator of all legal assistance
	478	+	matters under the direction of the state staff judge advocates
	479	+	and as delegated to the Office of General Counsel.
	480	+	(2) Coordinate and provide support to military judge
	481	+	advocates assigned to legal services sections.
	482	+	(3) Provide and supervise all legal assistance training
	483	+	throughout the Alabama National Guard.
	484	+	(4) Compile and publish the Alabama Manual for Legal
	485	+	Assistance and any supporting rules and manuals with the
	486	+	advice and consent of the state staff judge advocates.
	487	+	§31-2B-12.
	488	+	(a) Command, Wing, and Brigade Judge Advocates shall
	489	+	provide legal services to Major Military Commands, including
476	490		MACOM, MAJCOM, and Wing in this state through legal offices
477	491		and legal sections headed by judge advocates within each
478	492		MACOM, MAJCOM, and Wing. Judge advocates shall be members of
479	493		MACOM, MAJCOM, and Wing Commanders' Staff and are designated
480	494		as supervisory judge advocates.
481	495		(b) A Supervisory Judge Advocate shall be a judge
482	496		advocate within an office or organization with authority over,
483	497		or responsibility for, the direction, coordination,
484	498		evaluation, or assignment of responsibilities and work of
485	499		subordinate lawyers, paralegals, and other non-lawyer
486	500		assistants within MACOM, MAJCOM, or Wing.
487		-	(c) The supervisory judge advocates shall include the
488		-	Command Judge Advocate, Staff Judge Advocate, and the Brigade
489		-	Judge Advocate as determined by the placement.
490		-	(d) The Command Judge Advocate, Staff Judge Advocate,
491		-	and Brigade Judge Advocate shall do all of the following:
492		-	(1) Advise the commander regarding legal matters and
493		-	assist the commander in exercising his or her duties as a part
494		-	of the commander's personal staff, all under the management
495		-	and supervision of the respective state staff judge advocate.
496		-	(2) Assist the commander in identifying legal problems
497		-	and render legal advice in support of the commander's
498		-	decision-making process.
499		-	(3) Furnish legal advice, assistance, and support
500		-	across the broad spectrum of military, state, and federal
501		-	practice, including administrative law, claims, contract, and
502		-	fiscal law, international and operational law, and military
503		-	justice; provided, all legal assistance is reserved to the
504		-	Legal Services Office unless otherwise determined by a state
505	501		225
506	502		226
507	503		227
508	504		228
509	505		229
510	506		230
511	507		231
512	508		232
513	509		233
514	510		234
515	511		235
516	512		236
517	513		237
518	514		238
519	515		239
520	516		240
521	517		241
522	518		242
523	519		243
524	520		244
525	521		245
526	522		246
527	523		247
528	524		248
529	525		249
530	526		250
531	527		251
532		-	252 SB198 ~~Enrolled~~
	528	+	252 SB198 INTRODUCED
533	529		Page 10
	530	+	assistants within MACOM, MAJCOM, or Wing.
	531	+	(c) The supervisory judge advocates shall include the
	532	+	Command Judge Advocate, Staff Judge Advocate, and the Brigade
	533	+	Judge Advocate as determined by the placement.
	534	+	(d) The Command Judge Advocate, Staff Judge Advocate,
	535	+	and Brigade Judge Advocate shall do all of the following:
	536	+	(1) Advise the commander regarding legal matters and
	537	+	assist the commander in exercising his or her duties as a part
	538	+	of the commander's personal staff, all under the management
	539	+	and supervision of the respective state staff judge advocate.
	540	+	(2) Assist the commander in identifying legal problems
	541	+	and render legal advice in support of the commander's
	542	+	decision-making process.
	543	+	(3) Furnish legal advice, assistance, and support
	544	+	across the broad spectrum of military, state, and federal
	545	+	practice, including administrative law, claims, contract, and
	546	+	fiscal law, international and operational law, and military
	547	+	justice; provided, all legal assistance is reserved to the
534	548		Legal Services Office unless otherwise determined by a state
535	549		staff judge advocate.
536	550		(4) Be responsible for the efficient, effective, and
537	551		ethical delivery of legal services to his or her commanders
538	552		and commands.
539	553		(5) Create and maintain rating and supervisory chains
540	554		that comply with applicable Army standards and ensure
541	555		effective leadership of all legal personnel of the command
542	556		legal office.
543	557		(6) Ensure legal personnel are adequately trained to
544	558		accomplish the legal mission, including through local training
545		-	and through attendance at the Judge Advocate Center and School
546		-	courses, including that all judge advocate attorneys
547		-	accomplish continuing legal education required by the Alabama
548		-	State Bar.
549		-	(7) Appoint and assign duties of the chief paralegal,
550		-	trial counsel, and deputy command judge advocate, deputy staff
551		-	judge advocate, or deputy brigade judge advocate, as
552		-	appropriate, with consent of the state staff judge advocate.
553		-	(8) Maintain written standard office procedures and
554		-	annex to Operation Order for Command.
555		-	(9) Maintain proper written reports regarding
556		-	investigations, separations, and military justice as directed
557		-	by the Office of General Counsel and state staff judge
558		-	advocate.
559		-	(10) Publish an office SOP and OPORD Annex for their
560		-	respective commands.
561		-	§31-2B-13.
562		-	(a) In accordance with Army Regulation 27-1, all
563	559		253
564	560		254
565	561		255
566	562		256
567	563		257
568	564		258
569	565		259
570	566		260
571	567		261
572	568		262
573	569		263
574	570		264
575	571		265
576	572		266
577	573		267
578	574		268
579	575		269
580	576		270
581	577		271
582	578		272
583	579		273
584	580		274
585	581		275
586	582		276
587	583		277
588	584		278
589	585		279
590		-	280 SB198 ~~Enrolled~~
	586	+	280 SB198 INTRODUCED
591	587		Page 11
	588	+	accomplish the legal mission, including through local training
	589	+	and through attendance at the Judge Advocate Center and School
	590	+	courses, including that all judge advocate attorneys
	591	+	accomplish continuing legal education required by the Alabama
	592	+	State Bar.
	593	+	(7) Appoint and assign duties of the chief paralegal,
	594	+	trial counsel, and deputy command judge advocate, deputy staff
	595	+	judge advocate, or deputy brigade judge advocate, as
	596	+	appropriate, with consent of the state staff judge advocate.
	597	+	(8) Maintain written standard office procedures and
	598	+	annex to Operation Order for Command.
	599	+	(9) Maintain proper written reports regarding
	600	+	investigations, separations, and military justice as directed
	601	+	by the Office of General Counsel and state staff judge
	602	+	advocate.
	603	+	(10) Publish an office SOP and OPORD Annex for their
	604	+	respective commands.
	605	+	§31-2B-13.
592	606		(a) In accordance with Army Regulation 27-1, all
593	607		paralegals and warrant officers are under the direction of a
594	608		state staff judge advocate with supervision delegated to each
595	609		Command Judge Advocate, Staff Judge Advocate, or Brigade Judge
596	610		Advocate, as appropriate.
597	611		(b) Unless directed otherwise by the state staff judge
598	612		advocate, all paralegals and warrant officers shall perform
599	613		only legal professional duties as outlined in their respective
600	614		legal service regulations.
601	615		§31-2B-14.
602	616		(a) The Alabama National Guard, commanders, and
603		-	supervisory judge advocates shall provide logistical support
604		-	for the Legal Services Office, including adequate personnel,
605		-	facilities, supplies, and equipment necessary to carry out its
606		-	mission and functions in the most professional, efficient, and
607		-	effective manner possible.
608		-	(b) Minimum logistical support shall include all of the
609		-	following:
610		-	(1) Sufficiently private workspace for attorneys and
611		-	support staff that ensures freedom from unnecessary
612		-	distractions and provides for client confidentiality and
613		-	privacy, including a private consultation room.
614		-	(2) Locking file cabinets to ensure the privacy of
615		-	records.
616		-	(3) Computer hardware and software to maintain client
617		-	records; provided, only authorized personnel may have access.
618		-	(4) A sufficient number of attorneys and qualified
619		-	administrative, paralegal, and clerical support personnel to
620		-	accomplish workload.
621	617		281
622	618		282
623	619		283
624	620		284
625	621		285
626	622		286
627	623		287
628	624		288
629	625		289
630	626		290
631	627		291
632	628		292
633	629		293
634	630		294
635	631		295
636	632		296
637	633		297
638	634		298
639	635		299
640	636		300
641	637		301
642	638		302
643	639		303
644	640		304
645	641		305
646	642		306
647	643		307
648		-	308 SB198 ~~Enrolled~~
	644	+	308 SB198 INTRODUCED
649	645		Page 12
	646	+	(a) The Alabama National Guard, commanders, and
	647	+	supervisory judge advocates shall provide logistical support
	648	+	for the Legal Services Office, including adequate personnel,
	649	+	facilities, supplies, and equipment necessary to carry out its
	650	+	mission and functions in the most professional, efficient, and
	651	+	effective manner possible.
	652	+	(b) Minimum logistical support shall include all of the
	653	+	following:
	654	+	(1) Sufficiently private workspace for attorneys and
	655	+	support staff that ensures freedom from unnecessary
	656	+	distractions and provides for client confidentiality and
	657	+	privacy, including a private consultation room.
	658	+	(2) Locking file cabinets to ensure the privacy of
	659	+	records.
	660	+	(3) Computer hardware and software to maintain client
	661	+	records; provided, only authorized personnel may have access.
	662	+	(4) A sufficient number of attorneys and qualified
	663	+	administrative, paralegal, and clerical support personnel to
650	664		accomplish workload.
651	665		(5) Computers for each assigned judge advocate,
652	666		paralegal, and legal assistant; software, peripherals,
653	667		networking, telecommunication equipment, including nonsecure
654	668		Internet protocol router network access and, where required,
655	669		secure Internet protocol router network access. Maintenance
656	670		and supplies for computer hardware and software, including
657	671		training for personnel.
658	672		(6) Appropriate and private client waiting areas in
659	673		legal services and assistance offices.
660	674		(7) Standard legal office equipment as determined by
661		-	technological advancements and by the state staff judge
662		-	advocate or the Office of General Counsel.
663		-	(8) Access to digital libraries, including general
664		-	research material and legal services for specialized topics,
665		-	including adequate funding and resources for essential access
666		-	to computer automated legal research capabilities.
667		-	(9) Adequate funding for continuing legal education for
668		-	all assigned and attached attorneys sufficient to satisfy
669		-	requirements of each attorney's primary jurisdiction of bar
670		-	membership, including additional specialty or assignment
671		-	training for attorneys and support staff.
672		-	(10) Cellular telephones and similar devices as
673		-	determined by the state staff judge advocate or Office of
674		-	General Counsel to support legal mission requirements.
675		-	(11) Adequate transportation support.
676		-	(c) The management and delivery of legal services in
677		-	the Alabama National Guard requires the use and support of
678		-	court computer access to software applications, such as:
679	675		309
680	676		310
681	677		311
682	678		312
683	679		313
684	680		314
685	681		315
686	682		316
687	683		317
688	684		318
689	685		319
690	686		320
691	687		321
692	688		322
693	689		323
694	690		324
695	691		325
696	692		326
697	693		327
698	694		328
699	695		329
700	696		330
701	697		331
702	698		332
703	699		333
704	700		334
705	701		335
706		-	336 SB198 ~~Enrolled~~
	702	+	336 SB198 INTRODUCED
707	703		Page 13
	704	+	(7) Standard legal office equipment as determined by
	705	+	technological advancements and by the state staff judge
	706	+	advocate or the Office of General Counsel.
	707	+	(8) Access to digital libraries, including general
	708	+	research material and legal services for specialized topics,
	709	+	including adequate funding and resources for essential access
	710	+	to computer automated legal research capabilities.
	711	+	(9) Adequate funding for continuing legal education for
	712	+	all assigned and attached attorneys sufficient to satisfy
	713	+	requirements of each attorney's primary jurisdiction of bar
	714	+	membership, including additional specialty or assignment
	715	+	training for attorneys and support staff.
	716	+	(10) Cellular telephones and similar devices as
	717	+	determined by the state staff judge advocate or Office of
	718	+	General Counsel to support legal mission requirements.
	719	+	(11) Adequate transportation support.
	720	+	(c) The management and delivery of legal services in
	721	+	the Alabama National Guard requires the use and support of
708	722		court computer access to software applications, such as:
709	723		Jagcnet, Adobe, Word Perfect, Alacourt, Alafile, and federal
710	724		court litigation access.
711	725		Section 2. Chapter 2C is added to Title 31 of the Code
712	726		of Alabama 1975, to read as follows:
713	727		§31-2C-1.
714	728		This chapter provides policies, roles,
715	729		responsibilities, and procedures for the Alabama National
716	730		Guard Legal Assistance Program. This chapter shall not be
717	731		construed to create any substantive or procedural right
718	732		against this state or the United States, or any agencies or
719		-	officers thereof, or any other person.
720		-	§31-2C-2.
721		-	(a) The Legal Assistance Program shall be modeled after
722		-	Army Regulation 27-3, Air Force Instruction 51-304, and Air
723		-	National Guard Instruction 51-504. When not in federal service
724		-	these federal regulations shall be advisory and not
725		-	controlling and any inconsistencies shall be resolved in favor
726		-	of state law and rules. This chapter shall be applicable to
727		-	all judge advocates at all times, even when in federal
728		-	service. For any conflict between this chapter and federal law
729		-	or rule during federal service, federal service regulations
730		-	shall control.
731		-	(b) Nothing in this chapter shall abrogate any duties,
732		-	responsibilities, or liabilities of judge advocates or
733		-	personnel under Alabama National Guard shall incorporate Army
734		-	Regulation 27-3, Air Force Instruction 51-304, and Air
735		-	National Guard Instruction 51-504.
736		-	§31-2C-3.
737	733		337
738	734		338
739	735		339
740	736		340
741	737		341
742	738		342
743	739		343
744	740		344
745	741		345
746	742		346
747	743		347
748	744		348
749	745		349
750	746		350
751	747		351
752	748		352
753	749		353
754	750		354
755	751		355
756	752		356
757	753		357
758	754		358
759	755		359
760	756		360
761	757		361
762	758		362
763	759		363
764		-	364 SB198 ~~Enrolled~~
	760	+	364 SB198 INTRODUCED
765	761		Page 14
	762	+	against this state or the United States, or any agencies or
	763	+	officers thereof, or any other person.
	764	+	§31-2C-2.
	765	+	(a) The Legal Assistance Program shall be modeled after
	766	+	Army Regulation 27-3, Air Force Instruction 51-304, and Air
	767	+	National Guard Instruction 51-504. When not in federal service
	768	+	these federal regulations shall be advisory and not
	769	+	controlling and any inconsistencies shall be resolved in favor
	770	+	of state law and rules. This chapter shall be applicable to
	771	+	all judge advocates at all times, even when in federal
	772	+	service. For any conflict between this chapter and federal law
	773	+	or rule during federal service, federal service regulations
	774	+	shall control.
	775	+	(b) Nothing in this chapter shall abrogate any duties,
	776	+	responsibilities, or liabilities of judge advocates or
	777	+	personnel under Alabama National Guard shall incorporate Army
	778	+	Regulation 27-3, Air Force Instruction 51-304, and Air
	779	+	National Guard Instruction 51-504.
766	780		§31-2C-3.
767	781		(a) The mission of the Legal Assistance Program is to
768	782		assist eligible clients with managing their personal legal
769	783		affairs in a timely and professional manner by doing all of
770	784		the following:
771	785		(1) Meeting clients' needs for information on personal
772	786		legal matters.
773	787		(2) Resolving clients' personal legal problems whenever
774	788		possible.
775	789		(b) The Legal Assistance Program shall be under the
776	790		direction of the Adjutant General. The mission of the Legal
777		-	Assistance Program is based on military needs of readiness,
778		-	morale, discipline, and retention according to the following:
779		-	(1) Readiness. Because soldiers, airmen, and
780		-	emergency-essential Department of Defense civilian employees
781		-	must be prepared for immediate mobilization and deployment,
782		-	their personal legal affairs must be in order at all times.
783		-	(2) Morale. Fostering high morale of soldiers, airmen,
784		-	and their families is an important aspect of readiness. High
785		-	morale is enhanced by providing soldiers, airmen, and their
786		-	families information, advice, and assistance responsive to
787		-	their personal legal needs and problems.
788		-	(3) Discipline. Personal legal difficulties may cause
789		-	low morale and disciplinary problems and may adversely affect
790		-	combat readiness. Prompt legal assistance in resolving these
791		-	difficulties is an effective preventive law measure.
792		-	(4) Quality. Providing legal assistance is part of the
793		-	Alabama National Guard's ongoing effort to maintain a quality
794		-	of life that will attract quality people. The Alabama National
795	791		365
796	792		366
797	793		367
798	794		368
799	795		369
800	796		370
801	797		371
802	798		372
803	799		373
804	800		374
805	801		375
806	802		376
807	803		377
808	804		378
809	805		379
810	806		380
811	807		381
812	808		382
813	809		383
814	810		384
815	811		385
816	812		386
817	813		387
818	814		388
819	815		389
820	816		390
821	817		391
822		-	392 SB198 ~~Enrolled~~
	818	+	392 SB198 INTRODUCED
823	819		Page 15
	820	+	direction of the Adjutant General. The mission of the Legal
	821	+	Assistance Program is based on military needs of readiness,
	822	+	morale, discipline, and retention according to the following:
	823	+	(1) Readiness. Because soldiers, airmen, and
	824	+	emergency-essential Department of Defense civilian employees
	825	+	must be prepared for immediate mobilization and deployment,
	826	+	their personal legal affairs must be in order at all times.
	827	+	(2) Morale. Fostering high morale of soldiers, airmen,
	828	+	and their families is an important aspect of readiness. High
	829	+	morale is enhanced by providing soldiers, airmen, and their
	830	+	families information, advice, and assistance responsive to
	831	+	their personal legal needs and problems.
	832	+	(3) Discipline. Personal legal difficulties may cause
	833	+	low morale and disciplinary problems and may adversely affect
	834	+	combat readiness. Prompt legal assistance in resolving these
	835	+	difficulties is an effective preventive law measure.
	836	+	(4) Quality. Providing legal assistance is part of the
	837	+	Alabama National Guard's ongoing effort to maintain a quality
824	838		of life that will attract quality people. The Alabama National
825	839		Guard must take care of its own if it is to recruit and retain
826	840		a quality force.
827	841		(5) Retention. In order to retain service members, it
828	842		is the mission of the Alabama National Guard legal assistance
829	843		program to assist service members with legal matters on a no
830	844		cost basis to promote retention.
831	845		§31-2C-4.
832	846		(a) The Alabama Staff Judge Advocate for the Alabama
833	847		Army and Air National Guard shall do all of the following:
834	848		(1) Maintain ultimate responsibility for the overall
835		-	supervision and administration of the Legal Assistance
836		-	Program.
837		-	(2) Through the Director of Legal Services within the
838		-	Office of General Counsel:
839		-	a. Execute program director responsibilities for the
840		-	Legal Assistance Program;
841		-	b. Exercise technical oversight over judge advocates
842		-	and civilian attorneys serving in the Legal Assistance
843		-	Program;
844		-	c. Provide technical guidance over attorneys serving as
845		-	Alabama National Guard/NGB Special Victims' Counsel; and
846		-	d. Develop policies and procedures for the Legal
847		-	Assistance Program's Manual of Legal Assistance.
848		-	(b) The MACOM Judge Advocate Office shall provide legal
849		-	assistance if they have a separate legal assistance judge
850		-	advocate. Otherwise, the Legal Services Office, through the
851		-	Legal Assistance Program, shall advise and counsel all legal
852		-	services issues within MACOMs. MACOM judge advocates may
853	849		393
854	850		394
855	851		395
856	852		396
857	853		397
858	854		398
859	855		399
860	856		400
861	857		401
862	858		402
863	859		403
864	860		404
865	861		405
866	862		406
867	863		407
868	864		408
869	865		409
870	866		410
871	867		411
872	868		412
873	869		413
874	870		414
875	871		415
876	872		416
877	873		417
878	874		418
879	875		419
880		-	420 SB198 ~~Enrolled~~
	876	+	420 SB198 INTRODUCED
881	877		Page 16
	878	+	(1) Maintain ultimate responsibility for the overall
	879	+	supervision and administration of the Legal Assistance
	880	+	Program.
	881	+	(2) Through the Director of Legal Services within the
	882	+	Office of General Counsel:
	883	+	a. Execute program director responsibilities for the
	884	+	Legal Assistance Program;
	885	+	b. Exercise technical oversight over judge advocates
	886	+	and civilian attorneys serving in the Legal Assistance
	887	+	Program;
	888	+	c. Provide technical guidance over attorneys serving as
	889	+	Alabama National Guard/NGB Special Victims' Counsel; and
	890	+	d. Develop policies and procedures for the Legal
	891	+	Assistance Program's Manual of Legal Assistance.
	892	+	(b) The MACOM Judge Advocate Office shall provide legal
	893	+	assistance if they have a separate legal assistance judge
	894	+	advocate. Otherwise, the Legal Services Office, through the
	895	+	Legal Assistance Program, shall advise and counsel all legal
882	896		services issues within MACOMs. MACOM judge advocates may
883	897		provide emergency legal assistance, if approved by the
884	898		Director of Legal Services.
885	899		§31-2C-5.
886	900		The Alabama National Guard legal assistance associate
887	901		general counsel shall be responsible for legal assistance
888	902		services in the Alabama National Guard and State Military
889	903		Department, and shall do all of the following:
890	904		(1) Provide legal assistance services pursuant to Army
891	905		Regulation 27-3, Air Force Instruction 51-304, and Air
892	906		National Guard Instruction 51-504, and as may be directed or
893		-	limited by the state staff judge advocate.
894		-	(2) Formulate and publish an Alabama National Guard
895		-	Manual for Legal Assistance, to be updated annually.
896		-	(3) Ensure proper planning and coordination for Soldier
897		-	Readiness Program legal support.
898		-	(4) Secure adequate facilities, equipment, supplies,
899		-	and personnel for the provision of legal assistance services.
900		-	(5) Coordinate, draft, publish, and execute preventive
901		-	legal assistance initiatives and services that meet the needs
902		-	of the Alabama National Guard and its respective commands.
903		-	(6) Establish, where appropriate, any consistent
904		-	limitations to accomplish the mission of the Legal Services
905		-	Office.
906		-	(7) Maintain up-to-date legal trackers of clients and
907		-	services for the Legal Services Office.
908		-	§31-2C-6.
909		-	Unless inconsistent with superior orders or other
910		-	duties or responsibilities, all of the following are
911	907		421
912	908		422
913	909		423
914	910		424
915	911		425
916	912		426
917	913		427
918	914		428
919	915		429
920	916		430
921	917		431
922	918		432
923	919		433
924	920		434
925	921		435
926	922		436
927	923		437
928	924		438
929	925		439
930	926		440
931	927		441
932	928		442
933	929		443
934	930		444
935	931		445
936	932		446
937	933		447
938		-	448 SB198 ~~Enrolled~~
	934	+	448 SB198 INTRODUCED
939	935		Page 17
	936	+	National Guard Instruction 51-504, and as may be directed or
	937	+	limited by the state staff judge advocate.
	938	+	(2) Formulate and publish an Alabama National Guard
	939	+	Manual for Legal Assistance, to be updated annually.
	940	+	(3) Ensure proper planning and coordination for Soldier
	941	+	Readiness Program legal support.
	942	+	(4) Secure adequate facilities, equipment, supplies,
	943	+	and personnel for the provision of legal assistance services.
	944	+	(5) Coordinate, draft, publish, and execute preventive
	945	+	legal assistance initiatives and services that meet the needs
	946	+	of the Alabama National Guard and its respective commands.
	947	+	(6) Establish, where appropriate, any consistent
	948	+	limitations to accomplish the mission of the Legal Services
	949	+	Office.
	950	+	(7) Maintain up-to-date legal trackers of clients and
	951	+	services for the Legal Services Office.
	952	+	§31-2C-6.
	953	+	Unless inconsistent with superior orders or other
940	954		duties or responsibilities, all of the following are
941	955		authorized to provide legal assistance:
942	956		(1) Judge advocates and personnel supporting the Legal
943	957		Services Office under the authority of the Adjutant General
944	958		and state staff judge advocates.
945	959		(2) Judge advocates and personnel supporting the Army
946	960		and Air National Guard under Army Regulation 27-3, Air Force
947	961		Instruction 51-304, and Air National Guard Instruction 51-504.
948	962		(3) State and Department of Defense civilian attorneys
949	963		and judge advocates as approved by the state staff judge
950	964		advocates.
951		-	(4) Staff judge advocates and Office of General Counsel
952		-	interns or externs under the supervision of the state staff
953		-	judge advocate or Office of General Counsel.
954		-	§31-2C-7.
955		-	(a) The Legal Services Office along with designated
956		-	supervisory judge advocates shall ensure that all attorneys
957		-	and non-lawyer assistants providing legal services develop and
958		-	maintain the requisite level of competency required by the
959		-	Alabama State Bar, state rules, and federal regulations that
960		-	apply to judge advocates.
961		-	(b) The legal assistance associate general counsel
962		-	shall ensure all of the following:
963		-	(1) All judge advocates and attorneys under his or her
964		-	supervision receive continuing legal education in the areas of
965		-	law, policy, and professional responsibility relevant to legal
966		-	assistance. Training should take advantage of courses
967		-	sponsored by state and federal government agencies; national,
968		-	state, and local bar associations; and the Judge Advocate
969	965		449
970	966		450
971	967		451
972	968		452
973	969		453
974	970		454
975	971		455
976	972		456
977	973		457
978	974		458
979	975		459
980	976		460
981	977		461
982	978		462
983	979		463
984	980		464
985	981		465
986	982		466
987	983		467
988	984		468
989	985		469
990	986		470
991	987		471
992	988		472
993	989		473
994	990		474
995	991		475
996		-	476 SB198 ~~Enrolled~~
	992	+	476 SB198 INTRODUCED
997	993		Page 18
	994	+	advocates.
	995	+	(4) Staff judge advocates and Office of General Counsel
	996	+	interns or externs under the supervision of the state staff
	997	+	judge advocate or Office of General Counsel.
	998	+	§31-2C-7.
	999	+	(a) The Legal Services Office along with designated
	1000	+	supervisory judge advocates shall ensure that all attorneys
	1001	+	and non-lawyer assistants providing legal services develop and
	1002	+	maintain the requisite level of competency required by the
	1003	+	Alabama State Bar, state rules, and federal regulations that
	1004	+	apply to judge advocates.
	1005	+	(b) The legal assistance associate general counsel
	1006	+	shall ensure all of the following:
	1007	+	(1) All judge advocates and attorneys under his or her
	1008	+	supervision receive continuing legal education in the areas of
	1009	+	law, policy, and professional responsibility relevant to legal
	1010	+	assistance. Training should take advantage of courses
	1011	+	sponsored by state and federal government agencies; national,
998	1012		state, and local bar associations; and the Judge Advocate
999	1013		Center and School.
1000	1014		(2) The Legal Services Office periodically conducts
1001	1015		training covering the laws affecting legal assistance cases in
1002	1016		coordination with local bar associations, legal aid offices,
1003	1017		local practitioners, and relevant state and local government
1004	1018		agencies.
1005	1019		(3) Paralegal specialists, office intake personnel, and
1006	1020		receptionists receive training and instructions on
1007	1021		safeguarding the privacy and confidentiality of client
1008	1022		information, conflicts of interest, reporting procedures for
1009		-	violations of the standards, and other professional
1010		-	responsibility topics related to legal assistance.
1011		-	Participation in local legal assistance training shall be
1012		-	encouraged. Supervisory lawyers should encourage and support
1013		-	participation in the Army's Paralegal Degree Program for all
1014		-	paralegal soldiers.
1015		-	(4) Other attorneys who may be called to perform legal
1016		-	assistance duties receive appropriate training in legal
1017		-	assistance.
1018		-	§31-2C-8.
1019		-	Eligible clients of the Legal Assistance Program,
1020		-	subject to the limitations described herein, include all of
1021		-	the following:
1022		-	(1) Alabama Army and Air National Guard members,
1023		-	employees, retirees, and their dependents. Retired members of
1024		-	the Alabama National Guard are those retirees who are entitled
1025		-	to or are receiving military retirement pay, including
1026		-	individuals on the temporary disability retired list.
1027	1023		477
1028	1024		478
1029	1025		479
1030	1026		480
1031	1027		481
1032	1028		482
1033	1029		483
1034	1030		484
1035	1031		485
1036	1032		486
1037	1033		487
1038	1034		488
1039	1035		489
1040	1036		490
1041	1037		491
1042	1038		492
1043	1039		493
1044	1040		494
1045	1041		495
1046	1042		496
1047	1043		497
1048	1044		498
1049	1045		499
1050	1046		500
1051	1047		501
1052	1048		502
1053	1049		503
1054		-	504 SB198 ~~Enrolled~~
	1050	+	504 SB198 INTRODUCED
1055	1051		Page 19
	1052	+	information, conflicts of interest, reporting procedures for
	1053	+	violations of the standards, and other professional
	1054	+	responsibility topics related to legal assistance.
	1055	+	Participation in local legal assistance training shall be
	1056	+	encouraged. Supervisory lawyers should encourage and support
	1057	+	participation in the Army's Paralegal Degree Program for all
	1058	+	paralegal soldiers.
	1059	+	(4) Other attorneys who may be called to perform legal
	1060	+	assistance duties receive appropriate training in legal
	1061	+	assistance.
	1062	+	§31-2C-8.
	1063	+	Eligible clients of the Legal Assistance Program ,
	1064	+	subject to the limitations described herein, include all of
	1065	+	the following:
	1066	+	(1) Alabama Army and Air National Guard members,
	1067	+	employees, retirees, and their dependents. Retired members of
	1068	+	the Alabama National Guard are those retirees who are entitled
	1069	+	to or are receiving military retirement pay, including
1056	1070		individuals on the temporary disability retired list.
1057	1071		(2) The legal assistance associate general counsel,
1058	1072		with the advice and consent of the state staff judge
1059	1073		advocates, may limit legal assistance in times of emergencies
1060	1074		or to certain categories of cases based on availability of
1061	1075		expertise or resources.
1062	1076		(3) Dependents of eligible individuals identified
1063	1077		herein. For purposes of this subdivision, the term "dependent"
1064	1078		has the same meaning as defined in 10 U.S.C. § 1072.
1065	1079		(4) Surviving dependents of eligible individuals as
1066	1080		identified herein who would be eligible for legal assistance,
1067		-	if the service member or retired member were alive.
1068		-	§31-2C-9.
1069		-	The Adjutant General or a state staff judge advocate
1070		-	may limit or expand the Legal Assistance Program depending on
1071		-	the space, facilities, or personnel available and the nature
1072		-	and scope of services needed.
1073		-	§31-2C-10.
1074		-	Preventive law services are an integral part of the
1075		-	Legal Assistance Program as defined in Army Regulation 27-1
1076		-	and Air Force Instruction 51-304,the purpose of which is to
1077		-	assist and educate Alabama National Guard members, employees,
1078		-	retirees, and dependents about their legal rights, privileges,
1079		-	and responsibilities. The Alabama National Guard Legal
1080		-	Assistance Program shall strive to work with state agencies,
1081		-	local and state bar associations, and community leaders on the
1082		-	most pressing legal issues to best address any issues and to
1083		-	disseminate legal information to assist eligible persons in
1084		-	making sound legal decisions.
1085	1081		505
1086	1082		506
1087	1083		507
1088	1084		508
1089	1085		509
1090	1086		510
1091	1087		511
1092	1088		512
1093	1089		513
1094	1090		514
1095	1091		515
1096	1092		516
1097	1093		517
1098	1094		518
1099	1095		519
1100	1096		520
1101	1097		521
1102	1098		522
1103	1099		523
1104	1100		524
1105	1101		525
1106	1102		526
1107	1103		527
1108	1104		528
1109	1105		529
1110	1106		530
1111	1107		531
1112		-	532 SB198 ~~Enrolled~~
	1108	+	532 SB198 INTRODUCED
1113	1109		Page 20
	1110	+	identified herein who would be eligible for legal assistance,
	1111	+	if the service member or retired member were alive.
	1112	+	§31-2C-9.
	1113	+	The Adjutant General or a state staff judge advocate
	1114	+	may limit or expand the Legal Assistance Program depending on
	1115	+	the space, facilities, or personnel available and the nature
	1116	+	and scope of services needed.
	1117	+	§31-2C-10.
	1118	+	Preventive law services are an integral part of the
	1119	+	Legal Assistance Program as defined in Army Regulation 27-1
	1120	+	and Air Force Instruction 51-304,the purpose of which is to
	1121	+	assist and educate Alabama National Guard members, employees,
	1122	+	retirees, and dependents about their legal rights, privileges,
	1123	+	and responsibilities. The Alabama National Guard Legal
	1124	+	Assistance Program shall strive to work with state agencies,
	1125	+	local and state bar associations, and community leaders on the
	1126	+	most pressing legal issues to best address any issues and to
	1127	+	disseminate legal information to assist eligible persons in
1114	1128		making sound legal decisions.
1115	1129		§31-2C-11.
1116	1130		(a) The Legal Assistance Program shall include a
1117	1131		Preventative Law Program that does all of the following:
1118	1132		(1) Publishes one or more preventative law publications
1119	1133		per quarter and distributes the publications via any medium
1120	1134		easily accessible to eligible clients.
1121	1135		(2) Participates in command newcomer orientation
1122	1136		briefings, professional development programs, general military
1123	1137		training, other unit education programs, and family readiness
1124	1138		group presentations. Attorneys and paralegals are encouraged
1125		-	to sponsor and participate in lectures, seminars, forums, and
1126		-	meetings that inform soldiers, family members, and retirees
1127		-	about legal problems and issues.
1128		-	(3) Maintains a legal assistance website or social
1129		-	media presence that contains information on the office hours,
1130		-	location, and services available. Legal assistance offices are
1131		-	encouraged to disseminate preventative law materials on these
1132		-	sites. All published material must be reviewed and updated at
1133		-	least quarterly to ensure accuracy.
1134		-	(4) Makes preventive law handouts available in waiting
1135		-	rooms and other appropriate locations.
1136		-	(b) In addition to taking the above measures to educate
1137		-	soldiers and their family members, the Preventative Law
1138		-	Program shall employ the following measures to prevent future
1139		-	legal issues:
1140		-	(1) Identify landlords and other businesses that take
1141		-	unfair advantage of soldiers and family members and coordinate
1142		-	with local installation housing referral offices, local Armed
1143	1139		533
1144	1140		534
1145	1141		535
1146	1142		536
1147	1143		537
1148	1144		538
1149	1145		539
1150	1146		540
1151	1147		541
1152	1148		542
1153	1149		543
1154	1150		544
1155	1151		545
1156	1152		546
1157	1153		547
1158	1154		548
1159	1155		549
1160	1156		550
1161	1157		551
1162	1158		552
1163	1159		553
1164	1160		554
1165	1161		555
1166	1162		556
1167	1163		557
1168	1164		558
1169	1165		559
1170		-	560 SB198 ~~Enrolled~~
	1166	+	560 SB198 INTRODUCED
1171	1167		Page 21
	1168	+	group presentations. Attorneys and paralegals are encouraged
	1169	+	to sponsor and participate in lectures, seminars, forums, and
	1170	+	meetings that inform soldiers, family members, and retirees
	1171	+	about legal problems and issues.
	1172	+	(3) Maintains a legal assistance website or social
	1173	+	media presence that contains information on the office hours,
	1174	+	location, and services available. Legal assistance offices are
	1175	+	encouraged to disseminate preventative law materials on these
	1176	+	sites. All published material must be reviewed and updated at
	1177	+	least quarterly to ensure accuracy.
	1178	+	(4) Makes preventive law handouts available in waiting
	1179	+	rooms and other appropriate locations.
	1180	+	(b) In addition to taking the above measures to educate
	1181	+	soldiers and their family members, the Preventative Law
	1182	+	Program shall employ the following measures to prevent future
	1183	+	legal issues:
	1184	+	(1) Identify landlords and other businesses that take
	1185	+	unfair advantage of soldiers and family members and coordinate
1172	1186		with local installation housing referral offices, local Armed
1173	1187		Forces Disciplinary Control Boards, and local, state, and
1174	1188		federal consumer protection agencies to develop procedures to
1175	1189		enforce fair business practices.
1176	1190		(2) Assess whether changes in law or regulation could
1177	1191		prevent common legal problems and make regulatory or
1178	1192		legislative suggestions to initiate those changes.
1179	1193		Recommendations for changes to federal law, regulations, or
1180	1194		other policy should be forwarded to the Alabama National Guard
1181	1195		Legal Services Office.
1182	1196		§31-2C-12.
1183		-	(a) The scope of Alabama National Guard legal services
1184		-	is limited to the types of cases, matters, and services as
1185		-	defined and outlined in Army Regulation 27-3, Air Force
1186		-	Instruction 51-304, and Army National Guard Instruction
1187		-	51-504.
1188		-	(b) The Alabama National Guard Legal Services Office
1189		-	may limit or expand any services depending on expertise,
1190		-	resources, and personnel.
1191		-	(c) Legal assistance services are provided at no cost
1192		-	to a client; however, the Alabama National Guard Legal
1193		-	Services Office is not responsible for any costs associated
1194		-	with a client's legal matter, including, but not limited to,
1195		-	court fees, charges, filing fees, discovery fees, application
1196		-	fees, appeal bonds, fines, civilian or private attorney fees,
1197		-	or any other costs.
1198		-	§31-2C-13.
1199		-	(a) All judge advocates providing legal assistance must
1200		-	obtain and hold an occupational license from the Alabama State
1201	1197		561
1202	1198		562
1203	1199		563
1204	1200		564
1205	1201		565
1206	1202		566
1207	1203		567
1208	1204		568
1209	1205		569
1210	1206		570
1211	1207		571
1212	1208		572
1213	1209		573
1214	1210		574
1215	1211		575
1216	1212		576
1217	1213		577
1218	1214		578
1219	1215		579
1220	1216		580
1221	1217		581
1222	1218		582
1223	1219		583
1224	1220		584
1225	1221		585
1226	1222		586
1227	1223		587
1228		-	588 SB198 ~~Enrolled~~
	1224	+	588 SB198 INTRODUCED
1229	1225		Page 22
	1226	+	§31-2C-12.
	1227	+	(a) The scope of Alabama National Guard legal services
	1228	+	is limited to the types of cases, matters, and services as
	1229	+	defined and outlined in Army Regulation 27-3, Air Force
	1230	+	Instruction 51-304, and Army National Guard Instruction
	1231	+	51-504.
	1232	+	(b) The Alabama National Guard Legal Services Office
	1233	+	may limit or expand any services depending on expertise,
	1234	+	resources, and personnel.
	1235	+	(c) Legal assistance services are provided at no cost
	1236	+	to a client; however, the Alabama National Guard Legal
	1237	+	Services Office is not responsible for any costs associated
	1238	+	with a client's legal matter, including, but not limited to,
	1239	+	court fees, charges, filing fees, discovery fees, application
	1240	+	fees, appeal bonds, fines, civilian or private attorney fees,
	1241	+	or any other costs.
	1242	+	§31-2C-13.
	1243	+	(a) All judge advocates providing legal assistance must
1230	1244		obtain and hold an occupational license from the Alabama State
1231	1245		Bar, or, with exception and approval of a state staff judge
1232	1246		advocate, from another state bar under which the judge
1233	1247		advocate is licensed. Further, judge advocates should
1234	1248		establish and maintain a liaison with national, state, and
1235	1249		local bar organizations. Membership in professional
1236	1250		organizations, especially local branches involved in providing
1237	1251		legal services pertinent to the military community and
1238	1252		attendance at professional meetings and seminars is
1239	1253		encouraged.
1240	1254		(b) Upon receipt of necessary approval by a state staff
1241		-	judge advocate, judge advocates and personnel may obtain
1242		-	reimbursement of license fees and any necessary fees
1243		-	associated with continuing legal education or membership in
1244		-	local or state bar associations.
1245		-	(c) Legal assistance attorneys are encouraged to
1246		-	provide presentations to their civilian counterparts on
1247		-	military legal assistance issues.
1248		-	(d) The Legal Services Office shall work to incorporate
1249		-	the purposes of the Military Law Committee with coordination
1250		-	between the Alabama State Bar and local bar associations
1251		-	regarding military legal services, referral services, and
1252		-	legal issues within this state.
1253		-	§31-2C-14.
1254		-	Nothing in this chapter shall affect the standards of
1255		-	professional conduct required by the United States Army,
1256		-	United States Air Force, National Guard Bureau, or the Alabama
1257		-	State Bar, nor shall it expand any services of the Legal
1258		-	Services Office or personnel, outside of the scope and
1259	1255		589
1260	1256		590
1261	1257		591
1262	1258		592
1263	1259		593
1264	1260		594
1265	1261		595
1266	1262		596
1267	1263		597
1268	1264		598
1269	1265		599
1270	1266		600
1271	1267		601
1272	1268		602
1273	1269		603
1274	1270		604
1275	1271		605
1276	1272		606
1277	1273		607
1278	1274		608
1279	1275		609
1280	1276		610
1281	1277		611
1282	1278		612
1283	1279		613
1284	1280		614
1285	1281		615
1286		-	616 SB198 ~~Enrolled~~
	1282	+	616 SB198 INTRODUCED
1287	1283		Page 23
	1284	+	(b) Upon receipt of necessary approval by a state staff
	1285	+	judge advocate, judge advocates and personnel may obtain
	1286	+	reimbursement of license fees and any necessary fees
	1287	+	associated with continuing legal education or membership in
	1288	+	local or state bar associations.
	1289	+	(c) Legal assistance attorneys are encouraged to
	1290	+	provide presentations to their civilian counterparts on
	1291	+	military legal assistance issues.
	1292	+	(d) The Legal Services Office shall work to incorporate
	1293	+	the purposes of the Military Law Committee with coordination
	1294	+	between the Alabama State Bar and local bar associations
	1295	+	regarding military legal services, referral services, and
	1296	+	legal issues within this state.
	1297	+	§31-2C-14.
	1298	+	Nothing in this chapter shall affect the standards of
	1299	+	professional conduct required by the United States Army,
	1300	+	United States Air Force, National Guard Bureau, or the Alabama
	1301	+	State Bar, nor shall it expand any services of the Legal
1288	1302		Services Office or personnel, outside of the scope and
1289	1303		liability protections of the applicable service regulations.
1290	1304		All functions under this chapter and Chapter 2B and all other
1291	1305		activities relating to the Legal Services Office are
1292	1306		governmental functions for defense and security of Alabama
1293	1307		State Military Forces.
1294	1308		§31-2C-15.
1295	1309		(a) Judge advocates and paralegals while performing
1296	1310		duties under Title 10 or Title 32, U.S.C., may perform
1297	1311		notarial acts, pursuant to 10 U.S.C. § 1044a, or if qualified
1298	1312		as a notary public under state law.
1299		-	(b) Pursuant to 10 U.S.C. § 1044a, judge advocates,
1300		-	even when not in a duty status, have the general powers of a
1301		-	notary public in the performance of all notarial acts.
1302		-	(c) Pursuant to 10 U.S.C. § 1044a(b)(4), Alabama
1303		-	National Guard paralegals have the general powers of a notary
1304		-	public in the performance of all notarial acts, even when in a
1305		-	non-duty status.
1306		-	(d) Judge advocates and paralegals may use a seal or
1307		-	stamp citing the authority under 10 U.S.C. § 1044a when
1308		-	performing notarial acts.
1309		-	(e) The cost of a state notary public commission, if
1310		-	required by a state staff judge advocate, may be reimbursed
1311		-	upon his or her approval.
1312		-	(f) Civilian employee notaries may perform these
1313		-	services within the limits of the commission under the rules
1314		-	for the jurisdiction. No fees may be charged for these notary
1315		-	services.
1316		-	(g) All actions of military notaries qualified under 10
1317	1313		617
1318	1314		618
1319	1315		619
1320	1316		620
1321	1317		621
1322	1318		622
1323	1319		623
1324	1320		624
1325	1321		625
1326	1322		626
1327	1323		627
1328	1324		628
1329	1325		629
1330	1326		630
1331	1327		631
1332	1328		632
1333	1329		633
1334	1330		634
1335	1331		635
1336	1332		636
1337	1333		637
1338	1334		638
1339	1335		639
1340	1336		640
1341	1337		641
1342	1338		642
1343	1339		643
1344		-	644 SB198 ~~Enrolled~~
	1340	+	644 SB198 INTRODUCED
1345	1341		Page 24
	1342	+	as a notary public under state law.
	1343	+	(b) Pursuant to 10 U.S.C. § 1044a, judge advocates,
	1344	+	even when not in a duty status, have the general powers of a
	1345	+	notary public in the performance of all notarial acts.
	1346	+	(c) Pursuant to 10 U.S.C. § 1044a(b)(4), Alabama
	1347	+	National Guard paralegals have the general powers of a notary
	1348	+	public in the performance of all notarial acts, even when in a
	1349	+	non-duty status.
	1350	+	(d) Judge advocates and paralegals may use a seal or
	1351	+	stamp citing the authority under 10 U.S.C. § 1044a when
	1352	+	performing notarial acts.
	1353	+	(e) The cost of a state notary public commission, if
	1354	+	required by a state staff judge advocate, may be reimbursed
	1355	+	upon his or her approval.
	1356	+	(f) Civilian employee notaries may perform these
	1357	+	services within the limits of the commission under the rules
	1358	+	for the jurisdiction. No fees may be charged for these notary
	1359	+	services.
1346	1360		(g) All actions of military notaries qualified under 10
1347	1361		U.S.C. § 1044a are valid and enforceable in this state.
1348	1362		Section 3. This act shall become effective on October
1349	1363		1, 2025.
1350	1364		645
1351	1365		646
1352		-	647 SB198 Enrolled
1353		-	Page 25
1354		-	1, 2025.
1355		-	________________________________________________
1356		-	President and Presiding Officer of the Senate
1357		-	________________________________________________
1358		-	Speaker of the House of Representatives
1359		-	SB198
1360		-	Senate 06-Mar-25
1361		-	I hereby certify that the within Act originated in and passed
1362		-	the Senate.
1363		-	Patrick Harris,
1364		-	Secretary.
1365		-	House of Representatives
1366		-	Passed: 20-Mar-25
1367		-	By: Senator Givhan
	1366	+	647
1368	1367		648
1369	1368		649
1370	1369		650
1371	1370		651
1372	1371		652
1373	1372		653
1374	1373		654
1375	1374		655
1376	1375		656
1377	1376		657
1378	1377		658
1379	1378		659
1380	1379		660
1381	1380		661
1382	1381		662
1383	1382		663
1384	1383		664
1385	1384		665
1386		-	666
1387		-	667
1388		-	668
1389		-	669
1390		-	670
1391		-	671
1392		-	672
1393		-	673
1394		-	674
1395		-	675
1396		-	676
1397		-	677
1398		-	678
1399		-	679
1400		-	680