In 1775, the Continental Congress enacted the Articles of Conduct, governing the ships and men of the Continental Navy. However, soon thereafter, all of these ships were sold and the United States Navy and Marine Corps were disbanded. In July 1797, Congress, after authorizing construction of six ships, enacted the Rules for Regulation of the Navy as a temporary measure. Then, in 1800, Congress enacted a more sophisticated code adopted directly from the British Naval Code of 1749. There was little or no need for lawyers to interpret these simple codes, nor was there a need for lawyers in the uncomplicated administration of the Navy prior to the American Civil War.
During the Civil War, however, Secretary of the Navy Gideon Welles named a young assistant U.S. Attorney in the District of Columbia named Nathaniel Wilson to present the government's case in complicated courts-martial. Without any statutory authority, Secretary Welles gave Wilson the title of "Solicitor of the Navy Department," making him the first House counsel to the United States Navy.
By the Act of March 2, 1865, Congress authorized "the President to appoint, by and with the advice and consent of the Senate, for service during the rebellion and one year thereafter, an officer of the Navy Department to be called the 'Solicitor and Naval Judge Advocate General.'" The United States Congress maintained the billet on a year-to-year basis by amendments to the Naval Appropriations Acts. In 1870, Congress transferred the billet to a newly established Justice Department with the title of Naval Solicitor.
In 1967, Congress decided to establish the Judge Advocate General's Corps within the Department of the Navy. The legislation was signed into law by President Lyndon B. Johnson on December 8, 1967, and redesignated Navy lawyers as staff officers within the Navy, similar to physicians and chaplains. Prior to this change, all Navy lawyers were Line Naval Officers.
Prior to 2005, JAG Corps personnel primarily worked in one of three offices: Navy Legal Service Offices providing defense and legal assistance to eligible personnel; Trial Service Offices providing courts-martial prosecution, court reporting and administrative trial support; and Staff Judge Advocates providing legal advice to U.S. naval base commanders. In 2005, the Judge Advocate General of the Navy approved a pilot program which resulted in the merger of the Navy's Trial Service Offices and Staff Judge Advocates into new commands known as Region Legal Service Offices. Additionally, the JAG Corps has attorneys and paralegals on aircraft carriers, amphibious assault ships and flag ships as well as in support of Seabee battalions and special operations commands.
Originally Posted by David Merrill
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