La. Admin. Code tit. 41 § II-906

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-906 - Legal Advice

A. Complainant. A member who desires to submit an Article 138 complaint may :

1. a member who desires to submit an Article 138 complaint may consult a Judge Advocate assigned to member of LANG TDS for advice and assistance in drafting the complaint. The member also should be advised of any other laws or regulations under which he may proceed to seek redress. In connection with Article 138 complaints, LANG TDS will be provided only for such consultation and advice, but not to represent the member in any ensuing Article 138 proceedings;

2. consult or retain other legal counsel at no expense to the Government. Such counsel may attend any proceedings under this regulation which are open to other members of the public, but may not participate in them.

B. Respondent. A commanding officer who receives a request for redress or against whom an Article 138 complaint is submitted may obtain necessary legal advice from the commanding officer's servicing Judge Advocate.

C. TAG. The TAG shall obtain a review for legal sufficiency from the State Judge Advocate prior to notifying the complainant of action taken on the complaint.

La. Admin. Code tit. 41, § II-906

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2418 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).