Find Legal Information

37-02 Organization of Militia

Download pdf

CHAPTER 37-02ORGANIZATION OF MILITIA37-02-01. Militia - How constituted - Exceptions. All able-bodied male citizens and allable-bodied males of foreign birth who have declared an intention to become citizens, who are<br>between the ages of eighteen and forty-five years and who are residents of this state, and other<br>volunteers allowed by law constitute the militia unless exempted by the laws of the United States<br>or by the laws of this state.37-02-02. North Dakota national guard - Composition. The North Dakota nationalguard consists of regularly enlisted and enrolled members within the age limits prescribed by<br>federal law; organized, armed, and equipped as provided in this title and of commissioned<br>officers within the ages conforming to the rules and regulations promulgated by the department<br>of the army and department of the air force as conditions precedent to federal recognition.37-02-03. How strength and organization of national guard units prescribed. Thestrength and organization of units of the national guard must be prescribed by regulations and<br>orders of the defense department of the United States promulgated from time to time by proper<br>authority.37-02-04. Governor to be commander in chief of militia - Inability of governor toact. The military establishment of this state consists of a department of the army, a department<br>of the air force, and a department of military records. The governor of this state, by virtue of that<br>office, is commander in chief of the military establishment except as to such portions thereof as<br>at times may be in the service of the United States. The adjutant general as chief of staff in the<br>name of the governor shall transmit orders to staff officers and commanders of subordinate units.<br>Whenever the governor is unable to perform the duties of commander in chief, the adjutant<br>general is in command.37-02-05. Attorney general to be legal adviser of governor and adjutant general.The attorney general of this state is the legal adviser of the governor and of the adjutant general.37-02-06. Staff of governor.1.The staff of the governor consists of:a.The adjutant general is the chief of staff and holds a rank consistent with that<br>individual's length of service and federal laws and regulations, but not to<br>exceed the rank of lieutenant general.b.An assistant adjutant general for army who must hold a rank consistent with<br>that individual's length of service and federal laws and regulations, but not to<br>exceed the rank of brigadier general.c.An assistant adjutant general for air force who must hold a rank consistent with<br>that individual's length of service and federal laws and regulations, but not to<br>exceed the rank of brigadier general.d.Other assistant adjutants general authorized by a table of organization<br>prescribed by the laws or regulations of the United States or laws of this state<br>who must hold a rank consistent with length of service and federal laws and<br>regulations, but not to exceed the rank of brigadier general.2.The governor shall deputize one of the assistant adjutant generals to serve as<br>deputy adjutant general. The deputy has all the powers and duties of the adjutant<br>general, except in instances where authority has been restricted by the adjutant<br>general, and shall serve as acting adjutant general in case of the absence or inability<br>of the adjutant general.Page No. 137-02-07.Composition of state staff corps and detachment - Vacancies.Thenumber and grade of officers and enlisted men in the state staff corps and detachment must be<br>as prescribed by federal law and regulations, but in case of war, invasion, insurrection, or riot, or<br>imminent danger thereof, the governor may increase such force temporarily to meet such<br>emergency.All appointed officers of the state staff corps and detachment must have hadprevious military experience and shall hold their positions until they have reached the age of<br>sixty-four years unless retired prior to that time by reason of resignation, disability, or for cause to<br>be determined by an efficiency board or a court-martial legally convened for that purpose, as the<br>exigencies of the case may warrant.Vacancies among said officers must be filled byappointment from the officers of the national guard or from other classes eligible under federal<br>law or regulation.Page No. 2Document Outlinechapter 37-02 organization of militia