[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR776.8]

[Page 511-512]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776_PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
 
                            Subpart A_General
 
Sec. 776.8  Professional Responsibility Committee.

    (a) Composition. This standing committee will consist of the 
Assistant Judge Advocate General (AJAG) for Military Justice; the Vice 
Commander, Naval Legal Service Command (NLSC); the Chief Judge, Navy-
Marine Corps Trial Judiciary; and in cases involving Marine Corps judge 
advocates, the Deputy Director, JA Division, HQMC; and such other 
personnel as JAG from time-to-time may appoint. A majority

[[Page 512]]

of the members constitutes a quorum. The Chairman of the Committee shall 
be the AJAG for Military Justice. The Chairman may excuse members 
disqualified for cause, illness, or exigencies of military service, and 
may request JAG to appoint additional or alternate members on a 
temporary or permanent basis.
    (b) Purpose. (1) When requested by JAG or by the Rules Counsel, the 
Committee will provide formal advisory opinions to JAG regarding 
application of rules contained in subpart B of this part to individual 
or hypothetical cases.
    (2) On its own motion, the Committee may also issue formal advisory 
opinions on ethical issues of importance to the DON legal community.
    (3) Upon written request, the Committee will also provide formal 
advisory opinions to covered attorneys about the propriety of proposed 
courses of action. If such requests are predicated upon full disclosure 
of all relevant facts, and if the Committee advises that the proposed 
course of conduct is not violative of subpart B of this part, then no 
adverse action under this part may be taken against a covered attorney 
who acts consistent with the Committee's advice.
    (4) The Chairman will forward copies of all opinions issued by the 
Committee to the Rules Counsel.
    (c) Limitation. The Committee will not normally provide ethics 
advice or opinions concerning professional responsibility matters (e.g., 
ineffective assistance of counsel, prosecutorial misconduct, etc.) that 
are then the subject of litigation.