SB198ENROLLED
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SB198
CXGHYQQ-2
By Senator Givhan
RFD: Veterans, Military Affairs and Public Safety
First Read: 25-Feb-25
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First Read: 25-Feb-25
Enrolled, An Act,
Relating to the Alabama National Guard; to add Chapters
2B and 2C to Title 31 of the Code of Alabama 1975, to
establish and provide for the Alabama National Guard Legal
Services Office, including positions therein; to establish and
provide for the Alabama National Guard Legal Assistance
Program, including positions therein; and to authorize judge
advocates and paralegals to perform notary actions under
certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Chapter 2B is added to Title 31 of the Code
of Alabama 1975, to read as follows:
§31-2B-1.
This chapter establishes and defines the operational
procedures of the Alabama National Guard Legal Services
Office, including the office's composition, mission, and
functions; provides duties and explains policies, objectives,
and procedures for the development and maintenance of the
office; provides duties for the supervision, training,
employment, and administration of personnel; and provides
procedures for acquiring and maintaining office legal research
resources.
§31-2B-2.
This chapter applies to all judge advocates and
services and personnel thereof at all times, including during
federal service.
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federal service.
§31-2B-3.
(a) The Alabama National Guard and State Military
Department shall adopt Army Regulation 27-1 and Air Force
Instruction 51-304 as controlling when judge advocates are in
federal service and when not in federal service in an advisory
capacity.
(b) This chapter is supplemental and shall not be
construed to abrogate any duties, responsibilities, or
liabilities of judge advocates or legal services personnel.
§31-2B-4.
(a) The Legal Services Office shall be a joint office
shared by the Alabama Army and Air National Guard. There shall
be a state staff judge advocate for the Army National Guard
and for the Air National Guard.
(b) Each state staff judge advocate shall do all of the
following:
(1) Perform the duties as prescribed by the Adjutant
General and state and federal law.
(2) Serve as the primary legal adviser to the Adjutant
General regarding the State Military Department and all
officers and agencies of the department.
(3) Provide independent legal advice in coordination
with the Office of General Counsel and directly to the
Director of the Joint Staff, chief of staff of each service,
joint staff, and members of the Alabama National Guard,
generally.
(4) Provide legal advice in the following areas:
a. Military justice.
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a. Military justice.
b. Administration and operation of State Military
Department.
c. Business, property, and financial operations under
the jurisdiction and authority of the State Military
Department and Armory Commission.
d. Administration, control, discipline, status, civil
relations, and activities of all State Military Department
personnel.
(5) Provide legal advice to the Adjutant General,
Director of the Joint Staff, chief of staff of each service,
and joint staff in all legal matters concerning the State
Military Department, including environmental law, labor and
civilian personnel law, contract law, and fiscal and tax law.
(6) Develop legal office management policies and
procedures to accomplish all legal services within the Alabama
National Guard.
(7) Direct the members of the Alabama National Guard
Judge Advocate General Corps in the performance of their
duties, including leading and managing all aspects of the
Legal Service Office.
(8) Exercise technical supervision over the delivery of
legal services in the Alabama Army and Air National Guard and
all legal services personnel under the authority of the
Adjutant General.
(9) Certify that all judge advocates are professionally
qualified and maintain the highest levels of ethical and moral
behavior and professional proficiency to perform legal duties.
(10) Manage the professional legal training within the
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(10) Manage the professional legal training within the
Alabama National Guard.
(11) Determine the requirements for the Alabama
National Guard's acquisition of legal research materials,
software, applications, and programs.
(12) Provide legal services to the Alabama National
Guard through the Legal Services Office and the Office of
General Counsel.
(13) Direct the delivery of Alabama Army and Air
National Guard legal services across a broad spectrum of legal
disciplines, including military justice, international and
operational law, administrative and civil law, contract and
fiscal law, claims, and legal assistance.
§31-2B-5.
(a) Under the direction of the Adjutant General and the
state staff judge advocates, the General Counsel shall do all
of the following:
(1) Advise and support the state staff judge advocates
on all judge advocate legal service matters.
(2) Advise the Adjutant General, State Military
Department, Governor, chiefs of staff of each service, and
Director of the Joint Staff, as necessary.
(3) Serve as Chief Information Officer for the Judge
Advocate General Counsel.
(4) Inspect, supervise, and manage judge advocate
activities as directed by the state staff judge advocates.
(5) Supervise all Alabama National Guard litigation and
appeals.
(6) Supervise and provide advice on all contract and
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(6) Supervise and provide advice on all contract and
fiscal issues.
(7) Supervise and provide technical guidance regarding
military justice and administrative law.
(8) Supervise the Office of General Counsel, including
employment, professional responsibility, and office management
matters.
(9) Establish policy and operational guidance for all
aspects of the Legal Services Office.
(10) Supervise the Deputy General Counsel, associate
general counsels, deputy staff judge advocates, judge
advocates, all legal services personnel, and others who are
members of the Judge Advocate Legal Services Office to assist
the Office of General Counsel in supporting the state staff
judge advocates.
(b) The Office of General Counsel full-time staff shall
include a general counsel, deputy general counsel, chief
paralegal, and associate general counsels.
§31-2B-6.
The Deputy General Counsel shall do all of the
following:
(1) Serve as director for the Legal Services Office,
including military justice, legal assistance, administrative
law, contract and fiscal law, and any other services as
determined and delegated by a state staff judge advocate or
the Office of General Counsel.
(2) Coordinate and provide support for all legal
services throughout the Alabama National Guard and the State
Military Department under the direction of the state staff
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Military Department under the direction of the state staff
judge advocates and the Office of General Counsel.
(3) Coordinate and support the Alabama National Guard
Army Soldier Readiness Program.
(4) Coordinate and provide support for all legal
services training in the Alabama National Guard.
(5) Coordinate and supervise all Alabama National Guard
preventative law publications.
(6) Provide advice and counsel to Alabama National
Guard SAPR/IPP Offices.
(7) Compile and publish the Alabama National Guard
Legal Services Manual upon approval by the state staff judge
advocates.
§31-2B-7.
The military justice associate general counsel shall do
all of the following:
(1) Serve as coordinator of all military justice
matters under the direction of the state staff judge advocates
and as delegated to the Office of General Counsel.
(2) Coordinate and provide support to the Chief of
Military Justice and all trial counsels and supporting staff.
(3) Provide and supervise all military justice training
throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for
Court-Martial and any supporting state regulations and manuals
with advice and consent of the state staff judge advocates and
the Chief of Military Justice.
§31-2B-8.
The contract and fiscal law associate general counsel
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The contract and fiscal law associate general counsel
shall do all of the following:
(1) Serve as coordinator of all contract and fiscal law
matters under the direction of the state staff judge advocates
and as delegated to the Office of General Counsel.
(2) Coordinate and provide support to the military
judge advocates assigned to contract and fiscal law sections.
(3) Provide and supervise all contract and fiscal law
training throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for Contract
and Fiscal Law and any supporting rules and manuals with
advice and consent of the state staff judge advocates.
§31-2B-9.
The administrative and Civil Law Associate General
Counsel shall do all of the following:
(1) Serve as coordinator of all administrative and
civil law matters under the direction of the state staff judge
advocates and as delegated to the Office of General Counsel.
(2) Coordinate and provide support to the military
judge advocates assigned to administrative and civil law
sections.
(3) Provide and supervise all administrative and civil
law training throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for
Administrative and Civil Law and any supporting rules and
manuals with advice and consent of the state staff judge
advocates.
§31-2B-10.
The Operational Law Associate General Counsel shall do
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The Operational Law Associate General Counsel shall do
all of the following:
(1) Serve as coordinator of all operational law matters
under the direction of the state staff judge advocate and as
delegated to the Office of General Counsel.
(2) Coordinate and provide support to military judge
advocates assigned to administrative and civil law sections.
(3) Provide and supervise all military justice training
throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for
Operational Law and any supporting rules and manuals with
advice and consent of the state staff judge advocates.
§31-2B-11.
The Legal Assistance Associate General Counsel shall do
all of the following:
(1) Serve as coordinator of all legal assistance
matters under the direction of the state staff judge advocates
and as delegated to the Office of General Counsel.
(2) Coordinate and provide support to military judge
advocates assigned to legal services sections.
(3) Provide and supervise all legal assistance training
throughout the Alabama National Guard.
(4) Compile and publish the Alabama Manual for Legal
Assistance and any supporting rules and manuals with the
advice and consent of the state staff judge advocates.
§31-2B-12.
(a) Command, Wing, and Brigade Judge Advocates shall
provide legal services to Major Military Commands, including
MACOM, MAJCOM, and Wing in this state through legal offices
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MACOM, MAJCOM, and Wing in this state through legal offices
and legal sections headed by judge advocates within each
MACOM, MAJCOM, and Wing. Judge advocates shall be members of
MACOM, MAJCOM, and Wing Commanders' Staff and are designated
as supervisory judge advocates.
(b) A Supervisory Judge Advocate shall be a judge
advocate within an office or organization with authority over,
or responsibility for, the direction, coordination,
evaluation, or assignment of responsibilities and work of
subordinate lawyers, paralegals, and other non-lawyer
assistants within MACOM, MAJCOM, or Wing.
(c) The supervisory judge advocates shall include the
Command Judge Advocate, Staff Judge Advocate, and the Brigade
Judge Advocate as determined by the placement.
(d) The Command Judge Advocate, Staff Judge Advocate,
and Brigade Judge Advocate shall do all of the following:
(1) Advise the commander regarding legal matters and
assist the commander in exercising his or her duties as a part
of the commander's personal staff, all under the management
and supervision of the respective state staff judge advocate.
(2) Assist the commander in identifying legal problems
and render legal advice in support of the commander's
decision-making process.
(3) Furnish legal advice, assistance, and support
across the broad spectrum of military, state, and federal
practice, including administrative law, claims, contract, and
fiscal law, international and operational law, and military
justice; provided, all legal assistance is reserved to the
Legal Services Office unless otherwise determined by a state
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Legal Services Office unless otherwise determined by a state
staff judge advocate.
(4) Be responsible for the efficient, effective, and
ethical delivery of legal services to his or her commanders
and commands.
(5) Create and maintain rating and supervisory chains
that comply with applicable Army standards and ensure
effective leadership of all legal personnel of the command
legal office.
(6) Ensure legal personnel are adequately trained to
accomplish the legal mission, including through local training
and through attendance at the Judge Advocate Center and School
courses, including that all judge advocate attorneys
accomplish continuing legal education required by the Alabama
State Bar.
(7) Appoint and assign duties of the chief paralegal,
trial counsel, and deputy command judge advocate, deputy staff
judge advocate, or deputy brigade judge advocate, as
appropriate, with consent of the state staff judge advocate.
(8) Maintain written standard office procedures and
annex to Operation Order for Command.
(9) Maintain proper written reports regarding
investigations, separations, and military justice as directed
by the Office of General Counsel and state staff judge
advocate.
(10) Publish an office SOP and OPORD Annex for their
respective commands.
§31-2B-13.
(a) In accordance with Army Regulation 27-1, all
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(a) In accordance with Army Regulation 27-1, all
paralegals and warrant officers are under the direction of a
state staff judge advocate with supervision delegated to each
Command Judge Advocate, Staff Judge Advocate, or Brigade Judge
Advocate, as appropriate.
(b) Unless directed otherwise by the state staff judge
advocate, all paralegals and warrant officers shall perform
only legal professional duties as outlined in their respective
legal service regulations.
§31-2B-14.
(a) The Alabama National Guard, commanders, and
supervisory judge advocates shall provide logistical support
for the Legal Services Office, including adequate personnel,
facilities, supplies, and equipment necessary to carry out its
mission and functions in the most professional, efficient, and
effective manner possible.
(b) Minimum logistical support shall include all of the
following:
(1) Sufficiently private workspace for attorneys and
support staff that ensures freedom from unnecessary
distractions and provides for client confidentiality and
privacy, including a private consultation room.
(2) Locking file cabinets to ensure the privacy of
records.
(3) Computer hardware and software to maintain client
records; provided, only authorized personnel may have access.
(4) A sufficient number of attorneys and qualified
administrative, paralegal, and clerical support personnel to
accomplish workload.
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accomplish workload.
(5) Computers for each assigned judge advocate,
paralegal, and legal assistant; software, peripherals,
networking, telecommunication equipment, including nonsecure
Internet protocol router network access and, where required,
secure Internet protocol router network access. Maintenance
and supplies for computer hardware and software, including
training for personnel.
(6) Appropriate and private client waiting areas in
legal services and assistance offices.
(7) Standard legal office equipment as determined by
technological advancements and by the state staff judge
advocate or the Office of General Counsel.
(8) Access to digital libraries, including general
research material and legal services for specialized topics,
including adequate funding and resources for essential access
to computer automated legal research capabilities.
(9) Adequate funding for continuing legal education for
all assigned and attached attorneys sufficient to satisfy
requirements of each attorney's primary jurisdiction of bar
membership, including additional specialty or assignment
training for attorneys and support staff.
(10) Cellular telephones and similar devices as
determined by the state staff judge advocate or Office of
General Counsel to support legal mission requirements.
(11) Adequate transportation support.
(c) The management and delivery of legal services in
the Alabama National Guard requires the use and support of
court computer access to software applications, such as:
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court computer access to software applications, such as:
Jagcnet, Adobe, Word Perfect, Alacourt, Alafile, and federal
court litigation access.
Section 2. Chapter 2C is added to Title 31 of the Code
of Alabama 1975, to read as follows:
§31-2C-1.
This chapter provides policies, roles,
responsibilities, and procedures for the Alabama National
Guard Legal Assistance Program. This chapter shall not be
construed to create any substantive or procedural right
against this state or the United States, or any agencies or
officers thereof, or any other person.
§31-2C-2.
(a) The Legal Assistance Program shall be modeled after
Army Regulation 27-3, Air Force Instruction 51-304, and Air
National Guard Instruction 51-504. When not in federal service
these federal regulations shall be advisory and not
controlling and any inconsistencies shall be resolved in favor
of state law and rules. This chapter shall be applicable to
all judge advocates at all times, even when in federal
service. For any conflict between this chapter and federal law
or rule during federal service, federal service regulations
shall control.
(b) Nothing in this chapter shall abrogate any duties,
responsibilities, or liabilities of judge advocates or
personnel under Alabama National Guard shall incorporate Army
Regulation 27-3, Air Force Instruction 51-304, and Air
National Guard Instruction 51-504.
§31-2C-3.
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§31-2C-3.
(a) The mission of the Legal Assistance Program is to
assist eligible clients with managing their personal legal
affairs in a timely and professional manner by doing all of
the following:
(1) Meeting clients' needs for information on personal
legal matters.
(2) Resolving clients' personal legal problems whenever
possible.
(b) The Legal Assistance Program shall be under the
direction of the Adjutant General. The mission of the Legal
Assistance Program is based on military needs of readiness,
morale, discipline, and retention according to the following:
(1) Readiness. Because soldiers, airmen, and
emergency-essential Department of Defense civilian employees
must be prepared for immediate mobilization and deployment,
their personal legal affairs must be in order at all times.
(2) Morale. Fostering high morale of soldiers, airmen,
and their families is an important aspect of readiness. High
morale is enhanced by providing soldiers, airmen, and their
families information, advice, and assistance responsive to
their personal legal needs and problems.
(3) Discipline. Personal legal difficulties may cause
low morale and disciplinary problems and may adversely affect
combat readiness. Prompt legal assistance in resolving these
difficulties is an effective preventive law measure.
(4) Quality. Providing legal assistance is part of the
Alabama National Guard's ongoing effort to maintain a quality
of life that will attract quality people. The Alabama National
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of life that will attract quality people. The Alabama National
Guard must take care of its own if it is to recruit and retain
a quality force.
(5) Retention. In order to retain service members, it
is the mission of the Alabama National Guard legal assistance
program to assist service members with legal matters on a no
cost basis to promote retention.
§31-2C-4.
(a) The Alabama Staff Judge Advocate for the Alabama
Army and Air National Guard shall do all of the following:
(1) Maintain ultimate responsibility for the overall
supervision and administration of the Legal Assistance
Program.
(2) Through the Director of Legal Services within the
Office of General Counsel:
a. Execute program director responsibilities for the
Legal Assistance Program;
b. Exercise technical oversight over judge advocates
and civilian attorneys serving in the Legal Assistance
Program;
c. Provide technical guidance over attorneys serving as
Alabama National Guard/NGB Special Victims' Counsel; and
d. Develop policies and procedures for the Legal
Assistance Program's Manual of Legal Assistance.
(b) The MACOM Judge Advocate Office shall provide legal
assistance if they have a separate legal assistance judge
advocate. Otherwise, the Legal Services Office, through the
Legal Assistance Program, shall advise and counsel all legal
services issues within MACOMs. MACOM judge advocates may
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services issues within MACOMs. MACOM judge advocates may
provide emergency legal assistance, if approved by the
Director of Legal Services.
§31-2C-5.
The Alabama National Guard legal assistance associate
general counsel shall be responsible for legal assistance
services in the Alabama National Guard and State Military
Department, and shall do all of the following:
(1) Provide legal assistance services pursuant to Army
Regulation 27-3, Air Force Instruction 51-304, and Air
National Guard Instruction 51-504, and as may be directed or
limited by the state staff judge advocate.
(2) Formulate and publish an Alabama National Guard
Manual for Legal Assistance, to be updated annually.
(3) Ensure proper planning and coordination for Soldier
Readiness Program legal support.
(4) Secure adequate facilities, equipment, supplies,
and personnel for the provision of legal assistance services.
(5) Coordinate, draft, publish, and execute preventive
legal assistance initiatives and services that meet the needs
of the Alabama National Guard and its respective commands.
(6) Establish, where appropriate, any consistent
limitations to accomplish the mission of the Legal Services
Office.
(7) Maintain up-to-date legal trackers of clients and
services for the Legal Services Office.
§31-2C-6.
Unless inconsistent with superior orders or other
duties or responsibilities, all of the following are
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duties or responsibilities, all of the following are
authorized to provide legal assistance:
(1) Judge advocates and personnel supporting the Legal
Services Office under the authority of the Adjutant General
and state staff judge advocates.
(2) Judge advocates and personnel supporting the Army
and Air National Guard under Army Regulation 27-3, Air Force
Instruction 51-304, and Air National Guard Instruction 51-504.
(3) State and Department of Defense civilian attorneys
and judge advocates as approved by the state staff judge
advocates.
(4) Staff judge advocates and Office of General Counsel
interns or externs under the supervision of the state staff
judge advocate or Office of General Counsel.
§31-2C-7.
(a) The Legal Services Office along with designated
supervisory judge advocates shall ensure that all attorneys
and non-lawyer assistants providing legal services develop and
maintain the requisite level of competency required by the
Alabama State Bar, state rules, and federal regulations that
apply to judge advocates.
(b) The legal assistance associate general counsel
shall ensure all of the following:
(1) All judge advocates and attorneys under his or her
supervision receive continuing legal education in the areas of
law, policy, and professional responsibility relevant to legal
assistance. Training should take advantage of courses
sponsored by state and federal government agencies; national,
state, and local bar associations; and the Judge Advocate
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state, and local bar associations; and the Judge Advocate
Center and School.
(2) The Legal Services Office periodically conducts
training covering the laws affecting legal assistance cases in
coordination with local bar associations, legal aid offices,
local practitioners, and relevant state and local government
agencies.
(3) Paralegal specialists, office intake personnel, and
receptionists receive training and instructions on
safeguarding the privacy and confidentiality of client
information, conflicts of interest, reporting procedures for
violations of the standards, and other professional
responsibility topics related to legal assistance.
Participation in local legal assistance training shall be
encouraged. Supervisory lawyers should encourage and support
participation in the Army's Paralegal Degree Program for all
paralegal soldiers.
(4) Other attorneys who may be called to perform legal
assistance duties receive appropriate training in legal
assistance.
§31-2C-8.
Eligible clients of the Legal Assistance Program,
subject to the limitations described herein, include all of
the following:
(1) Alabama Army and Air National Guard members,
employees, retirees, and their dependents. Retired members of
the Alabama National Guard are those retirees who are entitled
to or are receiving military retirement pay, including
individuals on the temporary disability retired list.
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individuals on the temporary disability retired list.
(2) The legal assistance associate general counsel,
with the advice and consent of the state staff judge
advocates, may limit legal assistance in times of emergencies
or to certain categories of cases based on availability of
expertise or resources.
(3) Dependents of eligible individuals identified
herein. For purposes of this subdivision, the term "dependent"
has the same meaning as defined in 10 U.S.C. § 1072.
(4) Surviving dependents of eligible individuals as
identified herein who would be eligible for legal assistance,
if the service member or retired member were alive.
§31-2C-9.
The Adjutant General or a state staff judge advocate
may limit or expand the Legal Assistance Program depending on
the space, facilities, or personnel available and the nature
and scope of services needed.
§31-2C-10.
Preventive law services are an integral part of the
Legal Assistance Program as defined in Army Regulation 27-1
and Air Force Instruction 51-304,the purpose of which is to
assist and educate Alabama National Guard members, employees,
retirees, and dependents about their legal rights, privileges,
and responsibilities. The Alabama National Guard Legal
Assistance Program shall strive to work with state agencies,
local and state bar associations, and community leaders on the
most pressing legal issues to best address any issues and to
disseminate legal information to assist eligible persons in
making sound legal decisions.
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making sound legal decisions.
§31-2C-11.
(a) The Legal Assistance Program shall include a
Preventative Law Program that does all of the following:
(1) Publishes one or more preventative law publications
per quarter and distributes the publications via any medium
easily accessible to eligible clients.
(2) Participates in command newcomer orientation
briefings, professional development programs, general military
training, other unit education programs, and family readiness
group presentations. Attorneys and paralegals are encouraged
to sponsor and participate in lectures, seminars, forums, and
meetings that inform soldiers, family members, and retirees
about legal problems and issues.
(3) Maintains a legal assistance website or social
media presence that contains information on the office hours,
location, and services available. Legal assistance offices are
encouraged to disseminate preventative law materials on these
sites. All published material must be reviewed and updated at
least quarterly to ensure accuracy.
(4) Makes preventive law handouts available in waiting
rooms and other appropriate locations.
(b) In addition to taking the above measures to educate
soldiers and their family members, the Preventative Law
Program shall employ the following measures to prevent future
legal issues:
(1) Identify landlords and other businesses that take
unfair advantage of soldiers and family members and coordinate
with local installation housing referral offices, local Armed
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with local installation housing referral offices, local Armed
Forces Disciplinary Control Boards, and local, state, and
federal consumer protection agencies to develop procedures to
enforce fair business practices.
(2) Assess whether changes in law or regulation could
prevent common legal problems and make regulatory or
legislative suggestions to initiate those changes.
Recommendations for changes to federal law, regulations, or
other policy should be forwarded to the Alabama National Guard
Legal Services Office.
§31-2C-12.
(a) The scope of Alabama National Guard legal services
is limited to the types of cases, matters, and services as
defined and outlined in Army Regulation 27-3, Air Force
Instruction 51-304, and Army National Guard Instruction
51-504.
(b) The Alabama National Guard Legal Services Office
may limit or expand any services depending on expertise,
resources, and personnel.
(c) Legal assistance services are provided at no cost
to a client; however, the Alabama National Guard Legal
Services Office is not responsible for any costs associated
with a client's legal matter, including, but not limited to,
court fees, charges, filing fees, discovery fees, application
fees, appeal bonds, fines, civilian or private attorney fees,
or any other costs.
§31-2C-13.
(a) All judge advocates providing legal assistance must
obtain and hold an occupational license from the Alabama State
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obtain and hold an occupational license from the Alabama State
Bar, or, with exception and approval of a state staff judge
advocate, from another state bar under which the judge
advocate is licensed. Further, judge advocates should
establish and maintain a liaison with national, state, and
local bar organizations. Membership in professional
organizations, especially local branches involved in providing
legal services pertinent to the military community and
attendance at professional meetings and seminars is
encouraged.
(b) Upon receipt of necessary approval by a state staff
judge advocate, judge advocates and personnel may obtain
reimbursement of license fees and any necessary fees
associated with continuing legal education or membership in
local or state bar associations.
(c) Legal assistance attorneys are encouraged to
provide presentations to their civilian counterparts on
military legal assistance issues.
(d) The Legal Services Office shall work to incorporate
the purposes of the Military Law Committee with coordination
between the Alabama State Bar and local bar associations
regarding military legal services, referral services, and
legal issues within this state.
§31-2C-14.
Nothing in this chapter shall affect the standards of
professional conduct required by the United States Army,
United States Air Force, National Guard Bureau, or the Alabama
State Bar, nor shall it expand any services of the Legal
Services Office or personnel, outside of the scope and
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Services Office or personnel, outside of the scope and
liability protections of the applicable service regulations.
All functions under this chapter and Chapter 2B and all other
activities relating to the Legal Services Office are
governmental functions for defense and security of Alabama
State Military Forces.
§31-2C-15.
(a) Judge advocates and paralegals while performing
duties under Title 10 or Title 32, U.S.C., may perform
notarial acts, pursuant to 10 U.S.C. § 1044a, or if qualified
as a notary public under state law.
(b) Pursuant to 10 U.S.C. § 1044a, judge advocates,
even when not in a duty status, have the general powers of a
notary public in the performance of all notarial acts.
(c) Pursuant to 10 U.S.C. § 1044a(b)(4), Alabama
National Guard paralegals have the general powers of a notary
public in the performance of all notarial acts, even when in a
non-duty status.
(d) Judge advocates and paralegals may use a seal or
stamp citing the authority under 10 U.S.C. § 1044a when
performing notarial acts.
(e) The cost of a state notary public commission, if
required by a state staff judge advocate, may be reimbursed
upon his or her approval.
(f) Civilian employee notaries may perform these
services within the limits of the commission under the rules
for the jurisdiction. No fees may be charged for these notary
services.
(g) All actions of military notaries qualified under 10
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(g) All actions of military notaries qualified under 10
U.S.C. § 1044a are valid and enforceable in this state.
Section 3. This act shall become effective on October
1, 2025.
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1, 2025.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB198
Senate 06-Mar-25
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 20-Mar-25
By: Senator Givhan
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