Judges Rulings

PROCEDURE FOR_NON-DEPARTMENT OFFICERS TO RECEIVE A RULING
FROM THE DEPARTMENT JUDGE ADVOCATE

  1. All requests for a ruling or an opinion of the Department Judge Advocate will be in writing; preferably typewritten; with one copy sent to the Department Adjutant and one copy sent to the unit Commander, i.e. Post Commander, District Committeeman, Zone Commander or Department Commander;
  2. All requests for a ruling or an opinion of the Department Judge Advocate will set forth clearly the exact question or questions the party wants answered;
  3. All requests for a ruling or an opinion of the Department Judge Advocate, where possible, will be accompanied by the written request for a ruling or an opinion; in like manor; of the parties on the other side of the issue. Where this is not possible, the original requester will set forth the position of the parties’ on the other side of the issue, where there is an advocate for another position;
  4. All requests for a ruling or opinion of the Department Judge Advocate, dealing with issues within a Post, will be accompanied by the written opinion of the Post Judge Advocate on the issue or issues and likewise the District Judge Advocate;
  5. All requests for a ruling or opinion of the Department Judge Advocate, dealing with issues at a District level, will be accompanied by the written opinion of the District Judge Advocate on the issue or issues;
  6. The only exceptions to 4. or 5. above will be if the Department Commander or Department Adjutant certifies in writing, to the Department Judge Advocate, that an emergency exists such that one or more of the above requirements should be waived; and
  7. In emergency situations the written requests for opinion may be faxed, e-mailed, or mailed to the Department Judge Advocate by the Department Adjutant and the opinion of the Department Judge Advocate will be returned in similar manor.

UNDER ARTICLE VII, SECTION 1 (f), OF THE DEPARTMENT BYLAWS THE DEPARTMENT OFFICERS HAVE THE RIGHT TO THE ADVICE OF THE DEPARTMENT JUDGE ADVOCATE.