---
kind: "section"
citation: "32 C.F.R. § 516.31"
title: "32"
number: "516.31"
heading: "Private counsel at government expense."
url: "https://uscodex.org/cfr/32/516.31"
---

# §516.31. Private counsel at government expense.

- (a) **General.** DA personnel, sued in their individual capacity or facing criminal charges as a result of performance of official duties, have no right to employ a private sector counsel at government expense or to expect reimbursement for the same. For proceedings in the United States, a request for employment of counsel at government expense may be approved by DOJ, contingent among other things upon availability of funds and a determination that employment of private counsel at government expense is in the best interests of the United States. (See [28 CFR 50.16](/cfr/28/50.16.md)). Special rules apply in overseas areas. (See [paragraph (e)](#e) of this section).
- (b) **Individual request procedures.** The individual will prepare a request that private counsel be employed for him at government expense. The request must also contain the following statement: “I understand that the United States is not required to employ private counsel on my behalf, and that I may be responsible for expenses incurred prior to proper authorization by the Department of the Army or the Department of Justice.”
- (c) **Supervisory and legal adviser procedures.** The request will be submitted through the individual's supervisors, who will make a recommendation and forward the packet to the local SJA or legal adviser. The SJA or legal adviser will prepare his own recommendation and forward the matter to Litigation Division.
- (d) **Chief, Litigation Division, procedures.** If the Chief, Litigation Division, determines that the request for private counsel is meritorious, he will prepare an appropriate recommendation and forward the packet to Civil Division, DOJ, for final approval.
- (e) **Special actions in foreign countries.** Employment of private counsel in foreign proceedings is governed by AR 27-50 (Status of Forces Policies, Procedures, and Information). Under the authority of [10 U.S.C. 1037](/usc/10/1037.md), soldiers, as well as employees or those accompanying the armed forces overseas, may be granted individual counsel in civil and criminal proceedings, under the criteria of AR 27-50.

## Notes

### Authority

Authority: 5 U.S.C. 552; 10 U.S.C. 218, 1037, 1089, 1552, 1553, 2036; 18 U.S.C. 219, 3401; 28 U.S.C. 50, 513, 515, 543; 31 U.S.C. 3729 and 41 U.S.C. 51; 42 U.S.C. 290, 2651; 43 U.S.C. 666

### Source

Source: 59 FR 38236, July 27, 1994, unless otherwise noted.