The National Guard

See Darcy Spears, Guarding the Guardsmen: Discipline and disorder in the Nevada National Guard. KTNV Las Vegas, 6 October 2023.

GMJR and NIMJ have followed military justice within the states’ National Guard organizations for some years.

Each state has a National Guard organization formed according to state and federal law. The commander-in-chief is the governor of the state. The State Guard is formed, organized, administered, and tasked by the state legislature with The Adjutant General (TAG) as its senior uniformed leader.

A state National Guard is a military reserve force composed of National Guard military members or units of each state and the territories of Guam, the Virgin Islands, Puerto Rico, and the District of Columbia, for a total of 54 separate organizations. It is officially created under Congress's Article 1 Section 8 ability to "raise and support armies."

The National Guard has a dual mission:To provide a trained and equipped force to supplement the regular Army and Air Force in times of national emergency.
To assist state and local governments in responding to natural disasters, civil unrest, and other emergencies.

National Guard members are part-time soldiers and airmen who maintain their civilian jobs or attend college while also participating in military training and drills. When activated for federal missions, National Guard members become part of the reserve components of the United States Army and the United States Air Force.

The National Guard is an important part of the nation's defense and security and plays a vital role in responding to emergencies at home and abroad.

Here are some examples of state National Guard missions:

• Responding to natural disasters, such as hurricanes, floods, and wildfires
• Assisting with civil unrest and emergencies
• Supporting law enforcement and public safety
• Providing security for special events
• Conducting search and rescue operations
• Deploying overseas to support national defense missions

There is no consistency in their disciplinary procedures. Some states have a separate system that adopts the federal UCMJ by law, some states prosecute military offenses in their local civilian court, and others have a blended system. Not all the states have adopted the ABA Model State Code of Military Justice.

NIMJ has a page (here) of the current military justice “regulations” by state.

Discipline and accountability issues facing the NG are not new.

Dennis Wagner, National Guard scandals in these 13 states raise questions about culture and accountability. USA Today, 25 November 2021.

Joel Grover, Chris Henao, Phil Drechsler, Tony Kovaleski, Liz Wagner and Felipe Escamilla, Federal Investigation to Probe Claims of Alleged Racism, Sexual Harassment in California National Guard. NBC4 News, 16 November 2012.