[Code of Federal Regulations]
[Title 32, Volume 5, Parts 700 to 799]
[Revised as of  July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR776.83]

[Page 528-529]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776--PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE SUPERVISION OF THE JUDGE ADVOCATE GENERAL--Table of Contents
 
               Subpart C--Complaint Processing Procedures
 
Sec. 776.83  Ethics investigation.

    (a) Whenever an ethics investigation is initiated, the concerned 
judge advocate will be so notified in writing by the Rules Counsel.
    (b) The concerned judge advocate will also be provided written 
notice of his or her right to request a hearing before the investigating 
officer; to inspect all evidence gathered; to present written or oral 
statements or materials for consideration; to call witnesses at his or 
her own expense (local military witnesses should be made available at no 
cost); to be assisted by counsel (paragraph (c) of this section); to 
challenge the investigating officer for cause (such challenges must be 
made in writing and sent to the Rules Counsel via the challenged 
officer); and to waive any or all of these rights.
    (c) The respondent may be represented by counsel at the hearing. 
Such counsel may be--
    (1) A civilian attorney retained at no expense to the government; 
or,
    (2) In the case of a military respondent, military counsel--
    (i) Detailed by the cognizant naval legal service office, law 
center, or legal service support section; or
    (ii) Requested by the respondent, if such counsel is attached to the 
cognizant naval legal service office, legal service support section, law 
center, or to a Navy or Marine Corps activity located within 100 miles 
of the hearing site at the time of the scheduled hearing, and if such 
counsel is reasonably available as determined by the requested counsel's 
reporting senior in his or her sole discretion. There is no right to 
detailed counsel if requested counsel is unavailable.
    (d) If a hearing is requested, the investigating officer will 
conduct it after reasonable notice to the judge advocate concerned. The 
hearing will not be unreasonably delayed. The hearing is not adversarial 
in nature and there is no right to subpoena witnesses. Rules of evidence 
do not apply. The concerned judge advocate or his or her counsel may 
question witnesses that may appear. The proceedings shall be recorded 
but no transcript of the hearing need be made. Evidence gathered during, 
or subsequent to, the preliminary inquiry and such additional evidence 
as may be offered by the concerned judge advocate shall be considered.
    (e) After completing the hearing, the investigating officer shall 
prepare a summary of the evidence and forward it together with his or 
her recommendations to the Rules Counsel via--
    (1) In cases involving Navy or Marine Corps judge advocates serving 
with Naval Legal Service Command units, Commander, Naval Legal Service 
Command;
    (2) In cases involving Navy judge advocates serving with Marine 
Corps units, the Commandant of the Marine Corps (Attn: JA);
    (3) In cases involving Navy or Marine Corps judge advocates serving 
in subordinate Navy fleet or staff billets, the fleet or staff judge 
advocate attached to the appropriate second-echelon commander;
    (4) In cases involving members of the Navy-Marine Corps Trial 
Judiciary, the Trial Judiciary Chief Judge;
    (5) In cases involving Marine Corps judge advocates serving in 
defense billets, via the Marine Corps defense service chain of command;
    (6) In cases involving Marine Corps judge advocates not serving in 
defense counsel billets or in Navy units, via the

[[Page 529]]

OEGCMJ over the concerned judge advocate; and
    (7) The appropriate attorney discipline section if the complaint 
involves judge advocates certified by the Judge Advocates General/Chief 
Counsel of the other uniformed services.
    (f) A copy of the report shall be provided to the concerned judge 
advocate and to all authorities previously provided copies of the 
charges who are not via addressees.
    (g) The Rules Counsel shall review the report and either forward it 
to JAG together with his or her recommendations or return it, via the 
appropriate chain, to the investigating officer for further inquiry into 
specified areas.