Notes on 10 U.S.C. § 827 : US Code - Notes

Search Notes on 10 U.S.C. § 827 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 46; Pub. L. 90-179, Sec. 1(5),
Dec. 8, 1967, 81 Stat. 546; Pub. L. 90-632, Sec. 2(10), Oct. 24,
1968, 82 Stat. 1337; Pub. L. 98-209, Secs. 2(d), 3(c)(2), Dec. 6,
1983, 97 Stat. 1393, 1394.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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827(a) 50:591(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 27), 64
Stat. 117.
827(b)
50:591(b).
827(c) 50:591(c).
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The words, "detail" and "detailed" are substituted for the words
"appoint" and "appointed" throughout the revised section, since the
filling of the position involved is not appointment to an office in
the constitutional sense.
In subsection (a), the word "and" is substituted for the words
"together with". The word "considers" is substituted for the word
"deems". The words "necessary or" are omitted as surplusage, since
what is necessary is also appropriate. The word "may" is
substituted for the word "shall". The word "later" is substituted
for the word "subsequently".
In subsections (b) and (c), the word "must" is substituted for
the word "shall", since the clauses prescribe conditions and not
commands.
In subsection (b), the word "for" is substituted for the words
"in the case of". The words "person * * * a person who is" are
omitted as surplusage.
AMENDMENTS
1983 - Subsec. (a)(1). Pub. L. 98-209, Sec. 3(c)(2)(A),
designated first sentence of existing provisions as par. (1),
substituted provisions requiring that trial counsel and defense
counsel be detailed for each general and special court-martial, and
permitting the detailing of assistant trial counsel and assistant
and associate defense counsel for each general and special court-
martial for provisions requiring that for each general and special
court-martial the authority convening the court had to detail trial
counsel and defense counsel and such assistants as he considered
appropriate, and inserted provision requiring the Secretary
concerned to prescribe regulations providing for the manner in
which counsel are detailed for such courts-martial and for the
persons who are authorized to detail counsel for such courts-
martial.
Subsec. (a)(2). Pub. L. 98-209, Sec. 3(c)(2)(B), designated
existing provision, less first sentence, as par. (2) and
substituted "assistant or associate defense counsel" for "assistant
defense counsel".
Subsec. (b)(1). Pub. L. 98-209, Sec. 2(d)(1), substituted "judge
advocate" for "judge advocate of the Army, Navy, Air Force, or
Marine Corps or a law specialist of the Coast Guard,".
Subsec. (c)(3). Pub. L. 98-209, Sec. 2(d)(2), struck out ", or a
law specialist," after "is a judge advocate".
1968 - Subsec. (a). Pub. L. 90-632, Sec. 2(10)(A), substituted
"military judge" for "law officer".
Subsec. (c). Pub. L. 90-632, Sec. 2(10)(B), redesignated former
pars. (1) and (2) as pars. (2) and (3), respectively, and added
par. (1).
1967 - Subsec. (b)(1). Pub. L. 90-179 inserted reference to judge
advocate of the Marine Corps and substituted reference to judge
advocate of the Navy for reference to law specialist of the Navy.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-209 effective first day of eighth
calendar month beginning after Dec. 6, 1983, but amendment by
section 3(c)(2) of Pub. L. 98-209 not to affect the designation or
detail of a military judge or military counsel to a court-martial
before that date, see section 12(a)(1), (2) of Pub. L. 98-209, set
out as a note under section 801 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-632 effective first day of tenth month
following October 1968, see section 4 of Pub. L. 90-632, set out as
a note under section 801 of this title.