SUBJECT: Air Force Guidance Memorandum to AFI , Legal Assistance, Notary, and Preventive Law Programs

Transcription

1 DEPARTMENT OF THE AIR FORCE WASHINGTON, D.C AFI51-504_AFGM December 2017 MEMORANDUM FOR DISTRIBUTION C MAJCOMs/FOAs/DRUs FROM: HQ USAF/JA 1420 Air Force Pentagon Washington, DC SUBJECT: Air Force Guidance Memorandum to AFI , Legal Assistance, Notary, and Preventive Law Programs By Order of the Secretary of the Air Force, this Guidance Memorandum immediately implements changes to Air Force Instruction , Legal Assistance, Notary, and Preventive Law Programs, dated 27 October 2003, to provide guidance on the Special Victims Counsel Program, Disability Counsel, and installation Tax Assistance Programs. Compliance with this memorandum is mandatory. To the extent its directions are inconsistent with other Air Force publications, the information herein prevails IAW AFI , Publications and Forms Management. Current guidance in AFI remains in effect with the following changes. Guidance provided in expired AFI _AFGM , 15 Dec 16, as to Chapter 4 (Air Force Tax Assistance Program) and Chapter 5 (Special Victims Counsel (SVC) Program) is incorporated herein with minor administrative changes. Delete para 1.2, 1.2.1, and (ADD NEW) 1.2. Scope. Legal assistance establishes an attorney-client relationship and consists of Air Force attorneys providing advice on personal, civil legal affairs to eligible beneficiaries. This advice also includes topics specific to eligible beneficiaries who are victims of crime. Air Force attorneys do not enter into attorney-client relationships for other legal affairs, the Air Force remains the client. Air Force attorneys, acting in an official capacity, shall not enter into an attorney-client relationship in the following areas: Official matters in which the United States Government has an interest, or is involved in the final resolution, unless acting as a Military Defense Counsel, Special Victims Counsel (SVC), or a Disability Counsel with the Office of Airmen s Counsel (OAC). (T-0) Criminal issues under the Uniform Code of Military Justice (UCMJ), or any local or state criminal or quasi-criminal law (as identified by state law) or federal criminal law, unless

2 advising a victim as authorized under paragraph of this instruction or acting as an SVC as authorized under Chapter 3 of this instruction, or as a Military Defense Counsel. (T-0). Delete (ADD NEW) Representation of the client in a court or administrative proceeding, unless acting as an SVC as outlined in Chapter 3, acting as a Military Defense Counsel or Disability Counsel, or having received prior authorization. Representation of clients in court or expanded legal assistance programs, which are coordinated through the functional chain of command with the major command (MAJCOM) SJA and approved by the Community Legal Issues Division (AFLOA/CLSL), is permissible. Direct Reporting Unit (DRU) SJAs may make a request directly to AFLOA/CLSL (T-1). At a minimum, expanded legal assistance program requests must provide the following information for review: How participating attorneys will be qualified through applicable bar membership or other appropriate authorization from the applicable jurisdiction to represent clients in the particular Federal, State, or foreign jurisdiction How participating attorneys will be authorized to represent clients pursuant to a written agreement with the State bar or pursuant to a motion granted by the appropriate court of the jurisdiction concerned Training requirements for participating attorneys and paralegals Scope of representation and legal practice areas Client intake procedures and screening procedures to prevent conflicts of interest Impact on legal office and Air Force mission (i.e., estimated number of hours committed by each participant involved with the proposed program) Proposed program start date and duration. If the requested expanded legal assistance program is approved, the legal office shall provide an after action report to the MAJCOM/SJA and AFLOA/CLSL, following a designated trial period. The report should detail the legal office s experience with the program and provide a recommendation of whether expanded legal assistance should be continued. The report should include details regarding the number of personnel involved and their training (including attorney-paralegal teaming aspects), lessons learned, client feedback, impact on the office and local community, and a brief analysis of the probability that a similar expanded program would be successful across the MAJCOM and the JAG Corps. Delete 1.3. (ADD NEW) 1.3. Eligibility for Legal Assistance. Subject to the availability of legal staff, resources and expertise, the categories of personnel listed below are eligible for legal assistance. Except as outlined in paragraph , SJAs shall not expand the scope of eligible beneficiaries beyond

3 those listed in to (T-0). Of those eligible beneficiaries listed below, SJAs will give the highest priority to Air Force personnel needing mobilization- or deployment-related legal assistance in support of command readiness. (T-3). When the Air Force is the supporting component at joint installations, SJAs shall follow their installation s DoD joint basing agreements and should exercise discretion regarding prioritizing mobilization- or deploymentrelated legal assistance among Air Force and sister service components. (T-3). SVC Program eligibility is discussed in Chapter 3. Eligibility for disability counsel from the OAC is discussed in Chapter 8. Delete (ADD NEW) Members entitled to retired or retainer pay or equivalent pay and former members of reserve components entitled to retired pay under 10 U.S.C (formerly 10 U.S.C. 1331). Persons eligible under this provision include members and former members receiving retired pay as a result of retirement due to permanent disability or placement on the temporary disability retired list. Note: Gray Area reservists those who have retired, but are not yet entitled to retired pay under 10 U.S.C are not authorized legal assistance under these statutory provisions. Delete (ADD NEW) Unique Situations. When beneficial to the military Services, SJAs may authorize legal assistance to persons not specifically identified above as an eligible beneficiary. These situations must involve people who have a future, present, or past military obligation relevant to the legal problem. Examples are: reservists or National Guard members who have demobilized but do not strictly meet the time requirements of paragraph 1.3.4; ROTC Cadets who must meet dependent care responsibilities; or Delayed Entry Program enlistees with landlord-tenant issues related to their entry onto active duty. This provision does not apply to contractor personnel who are responsible for having their personal legal affairs in order (including preparing and completing powers of attorney, wills, etc.) before reporting to deployment centers. Unless another eligibility provision (e.g., paragraph 1.3.2) applies or the individual is seeking notary services (paragraph ) while accompanying Armed Forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, contractor personnel are not entitled to military legal assistance either in-theater or at the deployment center. Delete and (ADD NEW) have the execution of the instrument be notarized by military legal assistance counsel, a person authorized to act as a notary under 10 U.S.C. 1044a and Chapter 2 of this instruction who is not an attorney, or a state-licensed notary employed by the Air Force and supervised by a military legal assistance attorney; (T-0) be executed in the presence of at least two disinterested witnesses (in addition to the person notarizing the instrument in accordance with paragraph ), each of whom must attest to witnessing the testator s/testatrix s execution of the instrument by signing it; (T-0).

4 (ADD NEW) Fill-in-the-blank wills. Legal assistance providers shall not participate in the execution preparation, or notarization of preprinted fill-in-the-blank wills, wills prepared with an on-line service (for example, LegalZoom products), or by a civilian attorney not affiliated with the Air Force Judge Advocate General s Corps, as this service might imply Air Force legal assistance review, endorsement, or guarantee of the product. Clients presenting such documents for execution shall be advised that free estate planning services are available at that legal assistance office, provided with a Will Interview Worksheet, and scheduled for a later appointment, if Air Force legal assistance estate planning support is desired. If an office believes that exigent circumstances require assistance with such products, they shall contact AFLOA/CLSL for guidance Interviews with deaf, blind, ill, injured, fragile or elderly clients accompanied by a third party. Clients facing physical challenges who are brought to a legal assistance office by a third party (either spouse or non-spouse), shall be interviewed privately outside the presence of the third party to ensure competency and the true nature of the client s intentions. After concluding the interview, the legal assistance attorney has sole discretion to determine whether the client is competent to participate in the estate plan drafting and execution process. After the attorney determines the client s competence, the client may choose, with proper advice as to impact, to allow a third party to be present during the remainder of the legal assistance appointment. Delete (ADD NEW) Paralegals Drafting Wills and Advance Medical Directives. Under the supervision of a trained and competent licensed attorney, trained paralegals may participate in the production of wills and advance medical directives. Attorneys will provide legal advice to clients regarding these documents and ensure they are accurate, comply with applicable law, and meet the client s needs prior to execution. (T-0) Paralegals may contact clients and discuss information for the purpose of preparing legal documents, to include defining legal terms. However, consistent with governing rules of professional conduct, paralegals shall not provide legal advice. (T-0) For the most accurate statistical tracking and consistency Air Force wide, paralegals who draft wills and advance medical directives shall record the production of the documents in the Web-based Legal Information Online System (WebLIONS) (see paragraph 4.8.). (T-3). Attorneys who review paralegal-drafted wills and advance medical directives should record the review of those documents in WebLIONS but not the production. (ADD NEW) Legal assistance attorneys shall advise clients of protections available under the SCRA, 50 U.S.C. 3938, for child custody and deployment-related issues. Delete and

5 (ADD NEW) Servicemembers Civil Relief Act (SCRA). The SCRA, 50 U.S.C , codifies Congressional recognition of the need to protect persons in military service by suspending the enforcement of certain civil obligations For more information on the substance of the SCRA, refer to FLITE KM s Legal Assistance Learning Center. Attorneys should also research the possibility that a state has passed SCRA-like protections that may provide greater benefit to a client Legal assistance attorneys may draft correspondence for the client s and relevant commander s signature requesting a stay of civil proceedings. Attorneys should not directly file requests for stays of proceeding under the SCRA with a civil court, or send letters to the court under their own signatures. Attorneys are cautioned that a request for a stay of proceedings or a letter sent by a client or on the client s behalf may have the unintended effect of constituting consent to the court s jurisdiction or otherwise adversely affecting the member s rights and options in the case In cases involving alleged SCRA violations, attorneys may contact the alleged offender (e.g., lending institutions or landlord) IAW paragraph in an effort to resolve alleged SCRA violations. If efforts fail to resolve the alleged SCRA violations, attorneys may refer the case to AFLOA/CLSL who will consider referring the matter to the Department of Justice, Civil Rights Division for enforcement. Delete (ADD NEW) Landlord-Tenant. Legal assistance attorneys may review lease agreements prior to signing and propose changes to best protect the servicemember s interest as either tenant or landlord, especially with respect to military clauses. Although the SCRA provides substantial lease termination rights, a military clause can allow for a more expedient early termination on a tenant s receipt of permanent change of station orders, allow termination for more broad circumstances such as moving onto an installation, or allow reentry of a military landlord on receipt of orders to return to the property s location. This may also be true of some state laws modeling the SCRA Legal assistance attorneys may also provide advice and assistance in resolving landlord-tenant disputes. Areas of particular concern include security deposits, pre- and postlease inspections, lease terms, condition of premises, and early termination of leases. In cases involving alleged SCRA violations, attorneys may contact the landlord IAW paragraph to discuss SCRA implications. If efforts fail to resolve the alleged SCRA violations, attorneys may refer the case to AFLOA/CLSL who will consider referral of the case to the Department of Justice, Civil Rights Division for enforcement Privatized Military Housing. Legal offices may render assistance pertaining to landlord-tenant disputes arising out of privatized military family housing. However, before seeing legal assistance clients regarding privatized housing issues, SJAs must ensure their legal offices: create a firewall around attorneys working on or likely to work on privatized housing issues by precluding him or her from handling legal assistance clients with issues related to

6 privatized housing; maintain said firewall; and prior to entering any attorney-client relationship, seek a written waiver from the client after fully disclosing the Air Force s interest in the privatized housing project. (T-3). A sample privatized housing potential conflict of interest disclosure/waiver form is at Attachment 4 to this instruction. These waivers shall be maintained on file for at least one year or consistent with the legal assistance attorney s state licensing requirements, whichever is longer. (T-0). If the client does not consent, refer the client to an alternate source of assistance as outlined in paragraph Legal matters regarding property leased as a commercial enterprise exceeds the scope of the Legal Assistance Program, as per paragraph Legal assistance practitioners review the particular facts and circumstances of each landlord s situation in making this determination. Delete , , , , (ADD NEW) For guidance concerning the Tax Program, see Chapter 4. Delete (ADD NEW) Crime Victimization. While the SVC Program is designed to assist victims of sexual assault, Air Force legal assistance attorneys provide advice to eligible beneficiaries as listed in paragraphs to , who are victims of other crimes in accordance with DTM (to be incorporated in DoDI , Victim and Witness Assistance) and AFI , which provides guidance to legal offices supporting victims under the Special Victim Investigation and Prosecution (SVIP) Capability and the Victim and Witness Assistance Program (VWAP). Designated SVIP personnel IAW AFI should ensure victims of crimes eligible for legal assistance are able to consult with a legal assistance attorney in accordance with paragraphs to Avoiding conflicts. In serving victims of crime, SJAs must manage potential conflicts of interest. (T-0). The SJA shall ensure that processes are established to create a firewall around attorneys working on or likely to work on criminal proceedings or adverse actions from entering attorney-client relationships with clients seeking advice as victims of crime. (T-0). Developing processes with legal assistance client intake personnel, referral sources (e.g., SVCs, Sexual Assault Response Coordinator (SARC), Family Advocacy Program (FAP), first sergeants, commanders), and utilizing available civilian legal assistance attorneys may minimize the possibility of a conflict of interest. If resources limit the ability to provide legal assistance to a crime victim, the SJA shall inform the next SJA in the functional chain of command who will then seek appropriate legal support. (T-3) Limitations. The provisions regarding the scope of legal assistance services listed in paragraphs 1.2 to apply. Legal assistance attorneys should clearly state the scope of service and the program s limitations upon first meeting a client that is a victim of crime. Legal assistance attorneys cannot advise on matters that are, or reasonably could be, adverse to the government. Therefore, legal assistance attorneys cannot represent clients during investigative interviews, appear at hearings, or otherwise participate in the criminal justice process (military or civilian) on behalf of the client. Legal assistance attorneys should maintain office firewalls,

7 advise clients of the scope of representation, and make appropriate referrals to SVCs if necessary Legal assistance attorneys must ensure the highest level of confidentiality for crime victims. (T-0). Legal assistance attorneys will not receive restricted reports of sexual assault. (T-0). Legal assistance attorneys may facilitate a victim making a restricted report to individuals designated to receive them. When legal assistance is provided to a victim, the attorney should annotate in WebLIONS whether the victim is making an unrestricted report of sexual assault or is complaining of another type of crime. (T-3). The AF Form 1175 in WebLIONS must be completed and closed out by the attorney in the same session, to ensure that the client s victim status remains completely confidential. The WebLIONS victims of crime report does not contain any client identifying information Legal assistance for victims of crime must include confidential advice and assistance to address: The rights and benefits afforded to the victim under law (e.g., Article 6b, UCMJ) and DoD policy. (T-0) The role of the VWAP coordinator or liaison (if applicable based on the prosecuting entity). (T-0) The role of the Victim Advocate (if applicable) in the Sexual Assault Prevention and Response (SAPR) and FAP programs. (T-0) Privileges existing between the victim and the Victim Advocate (if applicable). (T- 0) The differences between restricted and unrestricted reporting (if applicable). (T-0) An overview of the military justice system (if applicable). (T-0) Services available from appropriate agencies for emotional and mental health counseling and other medical services. (T-0) Requests for expedited transfers (if applicable). (T-0) Understanding the availability of, and obtaining any protections offered by, civilian and military protective orders. (T-0) Availability of a safety assessment conducted by trained personnel. (T-0) In cases involving sexual assault, legal assistance attorneys may refer eligible clients to the SVC Program as discussed in Chapter 5 of this instruction. As the client provided the information to the legal assistance attorney in an attorney-client relationship, the legal assistance attorney must not disclose privileged information to investigators or other attorneys in the legal office. In some instances, it may be appropriate for both a legal assistance attorney and SVC to represent a client based on the issues involved.

8 Delete and (ADD NEW) Establishes and manages the Office of Airmen s Counsel and the Air Force Legal Assistance, SVC, Notary, Preventive Law, and Tax Programs Delegates authority to operate (in the case of the SVC and Disability Counsel Programs) or manage these programs to AFLOA/CLS and its subordinate divisions. Delete and subparagraphs (ADD NEW) AFLOA/CLS has the following requirements of its Divisions: AFLOA/CLSL, Special Victims Counsel Division (AFLOA/CLSV), and Office of Airmen s Counsel (AFLOA/CLSA): AFLOA/CLSL must: Monitor the Air Force Legal Assistance, Notary, Preventive Law and Tax Programs. (T-3) Carry out the overall administration of the Air Force Legal Assistance, Notary, Preventive Law, and Tax Programs. (T-3) Provide advice to field legal offices on Legal Assistance, Notary, Preventive Law, and Tax Programs matters that affect Air Force personnel worldwide. (T-3) Manage all current and future web-based systems that further Air Force Legal Assistance, Notary, Preventive Law, and Tax Programs, including but not limited to the Webbased Legal Information Online System (WebLIONS), software for drafting wills and powers of attorney, The Air Force s Federal Legal Information Through Electronics Knowledge Management (FLITE KM) Legal Assistance Learning Center, the Air Force Legal Assistance Website (LAWS), and the Tax Program Reporting System (TPRS). (T-3) Facilitate service of process in coordination with the appropriate installation legal office in cases involving paternity and child support (see 5 CFR Part 581 Appendix B). (T-0) In consultation with the Air Force Judge Advocate General s School (AFJAGS), provide edcation and training on the Air Force Legal Assistance, Notary, Preventive Law, and Tax Programs. (T-3) AFLOA/CLSV must: Operate the Air Force SVC Program. (T-0) Carry out the overall administration of the Air Force SVC Program. (T-3) Provide policy guidance on the provision of legal counsel to eligible victims. (T-3).

9 In consultation with the AFJAGS, provide education and training to all Senior SVCs, SVCs and Special Victims Paralegals (SVP). (T-3) AFLOA/CLSA must: Oversee the Air Force Disability Counsel Program. (T-0) Carry out the overall administration of the Air Force Disability Counsel Program. (T- 3) Provide policy guidance on the scope of disability legal counsel services available to eligible Airmen. (T-3) In consultation with the AFJAGS, provide for the education and training of all Disability Counsel (T-3). (ADD NEW) Furnish alternate legal counsel for the Formal Physical Evaluation Boards, as needed. (T-3). Delete and (ADD NEW) Joint basing: At joint bases or other installations with multiple SJAs providing legal assistance, the installation commander s SJA may consolidate functions and administration to gain efficiencies and unity of effort, to ensure consistent services across the installation Wing/Group/Base SARCs, SAPR Victim Advocate (SAPR VA), Family Advocacy Program (FAP) staff members, military criminal investigators, victim liaisons, Trial Counsel (TC), Defense Counsel (DC), chaplains, mental health, or medical providers: Inform victims of sexual assault of the availability of SVC assistance as soon as the victim seeks assistance, Utilize the procedures outlined in para , as well as the templates provided in Attachments 5 and 6, to submit SVC referrals. (ADD NEW) AFLOA/JAS (Legal Information Services) must: Provide software and technical support for WebLIONS. (T-3) Provide software and technical support for the Air Force Legal Assistance Website (LAWS). (T-3) Provide software and technical support for FLITE KM legal assistance-related materials. (T-3).

10 Provide software and technical support necessary to carry out annual legal assistance training verification. (T-3) Provide technical support for the Tax Program Reporting System. (T-3) Provide technical support for will drafting software. (T-3) Provide technical support for any other web-based system or software pertaining to the Air Force Legal Assistance, Notary, Preventive Law, and Tax Programs Provide technical support for any other web-based system or software pertaining to the Air Force Special Victims Counsel Programs Provide technical support for any other web-based system or software pertaining to the Air Force Disability Counsel Programs The Air Force Judge Advocate General s School (AFJAGS) must: In consultation with AFLOA/CLSL, provide entry-level legal assistance training for students. (T-3) In consultation with AFLOA/CLSL, develop a comprehensive program to meet the continuing legal assistance training needs of the Judge Advocate General s Corps. (T-3) In consultation with AFLOA/CLSV, provide SVC training courses. (T-3). (ADD NEW) Conflict of Interest Screening. WebLIONS provides a mechanism to screen for potential conflicts of interest. However, attorneys must enter their potential conflicts into WebLIONS prior to finishing a client visit for the system to most effectively screen future legal office clients. Cases with the greatest potential for conflicts include adoption, child custody, dependent nonsupport, domestic relations, and paternity. Screening for conflicts of interest should occur prior to drafting documents using worksheets submitted via LAWS. Delete and subparagraphs (ADD NEW) Referral Services The ABA and many state and local bar associations operate bar referral services. Legal assistance attorneys should familiarize themselves with the services available through these bar associations. Contact with representatives of the bar associations is encouraged to determine how the lists are compiled and maintained and what standards apply for an attorney s inclusion on the lists. Providing information of this sort to clients enhances their ability to make informed decisions about use of the referral service. Prior contact will also yield information on any special programs the bar association may operate to assist military legal assistance attorneys and military clients and ensures the bar association is willing to accept referrals of military clients.

11 The ABA Military Pro Bono Project. The Military Pro Bono Project is a national network of attorneys who provide pro bono representation to military members. One advantage of the Military Pro Bono Project is that a legal assistance client located anywhere in the world can be placed with an attorney in the location of the legal dispute The Military Pro Bono Project is designed to provide pro bono referrals for servicemembers who cannot afford the fees of a private civil attorney. Referrals of eligible clients should be made to the Military Pro Bono Project when the subject matter of the case meets the referral guidelines. The referral guidelines are available from the ABA and are also posted on FLITE KM. Legal assistance attorneys referring clients to the Military Pro Bono Project need to register and establish an individual account and also need to know the password for their legal office. Office passwords can be obtained directly from the ABA or be found on FLITE KM Per the Military Pro Bono Project s referral guidelines, clients at the current grade of E-6 or below will be presumed financially eligible, and no further financial disclosures are required by the Project. Servicemembers at grades above E-6 are presumed ineligible. Such referrals will only be accepted in special cases, left to the discretion of the pro bono attorney or firm. If the referral is for an E-7 or above client, the referring attorney must thoroughly document compelling circumstances justifying the referral State and local bar associations may maintain lists of attorneys who have expressed interest in providing military clients with either pro bono service or service at reasonable fees Judge advocate members of the reserve component who provide pro bono representation for eligible legal assistance beneficiaries outside of the scope of the Air Force Legal Assistance Program may be allowed to earn Inactive Duty Training (IDT) points in accordance with AFI Vol. I, Reserve Personnel Participation (26 May 2010), paragraph Without violating client confidentiality, the scope of representation should be clearly delineated upon seeking written authorization pursuant to AFI and entering into an attorney-client relationship. Delete para (ADD NEW) Do not keep formal files on legal assistance clients, except when required such as keeping dual representation letters for one year. If necessary, the legal assistance attorney will copy only those documents needed during the course of active representation and immediately return original documents to clients. (T-3). Advise clients that copies will be properly destroyed upon resolution of the matter giving rise to legal assistance SVCs may maintain client files necessary to effect the representation of clients under the SVC Program. Delete para (ADD NEW) para Annual Refresher Training Webcast. Annually, The Air Force Judge Advocate General s School posts a webcast to CAMPUS with updates and changes to the law impacting the

12 provision of legal assistance. All active duty, AFR, and ANG judge advocates must view the Annual Refresher Webcast. (T-3). It is also mandatory for civilian attorneys whose core personnel document or position description references legal assistance. SJAs, to include Directors or equivalent, are responsible for ensuring the webcast is viewed by 15 April of the same calendar year. (T-3). Delete and subparagraphs (ADD NEW) Military Continuing Legal Education (MCLE) in Legal Assistance. MCLE is legal assistance training provided, sponsored, or co-sponsored by the judge advocate component of a military Service. Legal assistance in-residence courses, annual refreshers, webcasts, CAMPUS training modules, SJA-approved office-wide training, and training seminars (e.g., Annual Survey of the Law, Dougherty-Nelson CLE, and ABA Legal Assistance for Military Personnel (LAMP) CLE) are examples of MCLE. Further, with SJA approval, training not affiliated with the military, such as estate planning training offered by a state bar, will qualify as MCLE. SJAs will use their discretion when authorizing non-military training as legal assistance MCLE. AFLOA/CLSL can help legal offices identify certain training as satisfying the requirements for MCLE All active duty judge advocates must certify completion of three hours of MCLE each year.. The three required hours must consist of: The Annual Legal Assistance Refresher Training Webcast for the year of certification (one hour) Military Justice Training Webcast (one hour). When JAJ produces an annual refresher in a particular practice area, the refresher is the recommended webcast An elective from approved MCLE courses/webcast (one hour) Civilian attorneys whose core personnel document or position description references legal assistance must certify completion of three hours of MCLE each year. The required hours must consist of: The Annual Legal Assistance Refresher Training Webcast for the year of certification (one hour) MCLE courses in Legal Assistance (two hours) All AFR and ANG judge advocates must certify completion of a total of four hours of MCLE in legal assistance during the certification periods occurring in odd calendar years. (T-3). Two hours must be the two Legal Assistance Annual Refresher Training Webcasts during the certification period. The remaining two hours will be the two Military Justice Refresher Training Webcasts. AFR and ANG judge advocates with an approved separation or retirement date within the certification calendar year are exempt from this training requirement.

13 MCLE certification will be accomplished in conjunction with the annual Professional Responsibility Certification. Both use an automated program to annually certify completion of professional responsibility and MCLE requirements. Each year, AFLOA/CLSL will coordinate with TJAG s Professional Responsibility Administrator to publicize the certification period. (T- 3) Training completed via CAMPUS is tracked automatically in each member s CAMPUS portfolio and the MCLE certification system. Courses approved by an SJA for MCLE credit are tracked via ROSTER. (ADD NEW) Protection of Personally Identifying Information (PII) Prohibition Against Retaining Copies. Offices will not maintain copies of executed wills, advance medical directives, or powers of attorney. (T-3). To better protect confidentiality, after clients execute these documents offices should periodically purge shared drive folders of the unexecuted and executed documents developed during the course of representation. The prohibition in this paragraph does not include authorizations or waivers discussed in paragraphs and Software used to produce legal assistance documents containing Personally Identifying Information (PII) and the documents themselves may not be loaded or stored on personal laptops. Delete (ADD NEW) Enlisted paralegals on active duty or performing inactive duty training. SJAs will not allow paralegals to perform notary duties until they have received proper training. (T-3). This limitation means that only those paralegals who have been trained to perform notarial acts as specified by the Career Field Education and Training Plan (CFETP) will act as notaries. (ADD NEW) Civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel. SJAs will not allow paralegals to perform notary duties until they have received proper training. (T-3). Delete (ADD NEW) Department of the Air Force personnel, to include civilian and non-appropriated fund employees, on matters related to their official duties Where a document requires signatures of multiple persons, notarize only the signatures of those persons eligible for military notary services per the above five classifications. (T-0). Delete

14 (ADD NEW) Civilian Employees as State Notaries (other than civilian legal assistance attorneys). SJAs may continue to designate civilian employees to serve as notaries as part of their official duties in addition to the notary authorities granted in 10 U.S.C. 1044a and paragraph of this instruction, if necessary for the provision of legal assistance. A designated civilian employee must qualify as a notary under the laws of the state where he or she will perform notarial duties. Delete (ADD NEW) Do not notarize preprinted fill-in-the-blank wills, wills prepared with an on-line service (for example LegalZoom products), or wills prepared by a civilian attorney not affiliated with the Air Force Judge Advocate General s Corps. Delete (ADD NEW) Mobilization and Deployment Preparation/Personal Legal Readiness Briefings. SJAs shall support readiness at their installations by ensuring personnel tasked for deployment at their bases have the opportunity to be personally contacted and briefed on preparing their personal and family legal affairs for deployment. (T-3). To accomplish this, legal offices must be included in the installation deployment outprocessing checklist and list its deployment related legal assistance capabilities in the installation deployment plan, or equivalent. Offices also participate in briefings during installation deployment line or individual unit outprocessing. (ADD NEW) Briefing Subjects. Subject areas include, but are not necessarily limited to, wills; Servicemembers Group Life Insurance (SGLI) designations; general and special powers of attorney; medical planning (e.g., advance medical directives and health care powers of attorney); guardians or in loco parentis powers of attorney to ensure care of minor children; landlord-tenant matters; income exclusions and/or tax return filing extensions applicable to potential deployment locations; property and financial affairs management; protections under the SCRA, specifically to include child custody protections under 10 U.S.C while deployed; protections under the USERRA for reserve and guard personnel deploying; and ensuring important documents are maintained in safe, secure, and reasonably accessible locations. While briefing time may be limited, the distribution of pamphlets may help augment briefings as warranted. Delete 3.4., 3.5., 3.6, 3.7. (ADD NEW) 3.4. Communication. All judge advocates may communicate directly with each other and with relevant organizations and persons about preventive law matters. Beyond the requirement to have one member of a legal office join the Cohort listed in paragraph 4.2.1, all legal assistance providers are encouraged to become members of the AFLOA/CLSL FLITE KM Cohort. This forum is designed to share lessons learned and collaborate with other legal assistance providers regarding emerging issues suitable for Preventive Law Programs.

15 3.5 Preventive Law Resources AFLOA/CLSL maintains the FLITE KM Legal Assistance Learning Center. The Center provides information on legal assistance subject areas covered under the Legal Assistance Program, field guidance, and preventive law updates. The Learning Center is accessible through the WebFLITE system LAWS provides publicly-available information on legal assistance subject areas covered under the Legal Assistance Program and also provides helpful links to other agencies, statutes and regulations, and specific legal assistance subject areas. Access these links at: (ADD NEW) Chapter 4, Air Force Tax Assistance Program Purpose. Air Force Tax Assistance Programs are command programs, separate and distinct from the Legal Assistance Program, designed to provide free tax assistance and filing services for eligible beneficiaries. Although not required, a healthy Tax Assistance Program often involves base volunteers in addition to legal office personnel. Resourced and managed properly, an active, aggressive, well-publicized program can enhance morale and help beneficiaries address some of the unique income tax aspects associated with a military lifestyle Scope. Each installation is unique in many ways including its population, size, mission, and location, which directly impacts the availability and scope of installation Tax Assistance Programs. As such, installation commanders (or equivalent), in consultation with their servicing SJA, shall determine what is best for their installation, including the possibility of not having a Tax Assistance Program. When making a determination about whether to have a Tax Assistance Program, and if so, the scope of the program, commanders and SJAs should consider factors such as: competing mission requirements; available volunteer support; the availability of IRS software and training support; the negative impacts to program continuity (e.g., loss of future IRS support, loss of future volunteer support, loss of institutional knowledge) should the installation want to continue the program at a later date; budgetary constraints; morale; the demand for tax services; the availability of free online filing services and other nearby Volunteer Income Tax Assistance (VITA) Programs accessible for all beneficiaries; and the availability of other professional filing services near the installation. Additionally, commanders and SJAs for commands serving in a host or supporting role on joint bases are advised to review support agreements for any provisions regarding the tax program Oversight. If the installation commander (or equivalent) decides to have a Tax Assistance Program, SJAs provide program oversight. Consistent with the installation commander s (or equivalent) intent, SJAs supervise and manage these programs at their bases, exercising discretion concerning the scope of assistance provided, eligible beneficiaries, and sources of support for training and electronic filing VITA Program. Air Force Tax Assistance Programs may use resources provided by the IRS VITA Program, to include electronic filing software and training materials to train tax assistance volunteers and provide electronic filing services at their bases. Volunteers in the Tax Assistance Program are not legal office volunteers IAW paragraph 1.8, and they will adhere to

16 IRS Volunteer Standards of Conduct and other training requirements. Attorney-client privilege does not apply to the preparation of income tax returns Other Sources of No-Cost Tax Assistance. Air Force Tax Assistance Programs may take advantage of other viable sources of support to train tax assistance volunteers and to provide electronic filing services at their bases. Also, consider complimenting traditional VITA Programs involving individual appointments with the provision of self-service kiosks and referrals to free filing websites such as the Military OneSource website or the filing options available on the IRS website by the IRS Free File Alliance. Avoid the appearance of endorsing any nonfederal sources of assistance Eligible Beneficiaries. Tax Assistance Program beneficiaries are those entitled to full legal assistance services under Chapter 1 of this instruction. In consultation with, and consistent with the installation commander s (or equivalent) intent, SJAs can further limit eligible beneficiaries for the tax program. Additionally, SJAs may authorize preparation and electronic filing of tax returns for federal civilian employees, to the extent permitted by the IRS VITA Program. In making this determination, SJAs should consider whether the resources available and volunteer support is sufficient to support the increased demands such an extension of support would entail. When they seek tax assistance, federal civilian employees must adhere to applicable rules concerning use and accounting of their time Reporting. All base legal assistance offices must file an annual statistics report for their Tax Assistance Programs in the Tax Program Reporting System within JAGUARS, even if the base has elected not to sponsor a Tax Assistance Program. Do not use WebLIONS to input client information or tax program workload. SJAs must ensure interim reports are submitted by 15 June for Continental United States (CONUS) activities and 15 July for programs based outside the Continental United States (OCONUS). (T-3). SJAs must ensure final reports are submitted by 1 February of the next calendar year. (T-3) 4.6. Communication. All judge advocates may communicate directly with each other and with relevant organizations and persons about administration of Tax Assistance Programs. Tax center leadership is encouraged to join the Tax Center News forum on WebFLITE under the Legal Assistance Knowledge Management page. The forum facilitates communication among other programs and AFLOA/CLSL. Programs needing assistance are free to contact AFLOA/CLSL directly AFLOA/CLSL liaises with the IRS, the Office of the Under Secretary of Defense, and sister services in support of installation programs. This does not preclude installation program points of contact from directly contacting local IRS or sister service personnel in support of their programs SJAs of OCONUS installations electing to have a program for the upcoming season shall inform AFLOA/CLSL of this determination via no later than 1 August. SJAs of CONUS installations electing to have a program for the upcoming season shall inform AFLOA/CLSL of this determination via no later than 15 October. (T-3). Relaying this information in a timely manner ensures the IRS will provide appropriate support, to include software and tax preparation materials, and current Electronic Filing Identification and Site Identification Numbers.

17 (ADD NEW) Chapter 5, Special Victims Counsel (SVC) Program Purpose The Air Force provides legal assistance and representation in the military justice process to eligible victims of sexually-related offenses. The program, through its SVCs, delivers victim-centered advice and advocacy through comprehensive, independent representation to sexual assault victims worldwide, assists them in obtaining support and recovery resources, and promotes greater confidence in the military justice process and the United States Air Force As a measurement of compliance for the SVC program goals, the Circuit s Senior SVC (SSVC) shall direct and document periodic (no less than semi-annually) assessments of each SVC location within the SSVC s Circuit using this Instruction and appropriate checklists derived from this Instruction. (T-2) Copies of the completed assessments will be sent to AFLOA/CLSV. (T-3) The SSVC shall ensure each SVC location complies with this Instruction and recommend and ensure implementation of corrective actions when necessary. (T-3) SVC services are complementary to, and not a substitute for, the Victim and Witness Assistance Program (VWAP) and the duties and obligations required under that program. SVCs may not perform VWAP duties Scope SVCs are legally authorized to enter into attorney-client relationships with eligible victims of sexually-related offenses. The SVC s primary responsibility is to his or her client and the SVC is bound by professional ethical responsibilities to him or her For purposes of Chapter 5, unless otherwise specified, sexually-related offense means a violation of the UCMJ Articles 120, 120a, 120b, 120c, or 125 and attempts of those Articles pursuant to Article 80, respectively (including previous versions of the UCMJ, Article 120). See 10 U.S.C. 1044e(g). (T-0) SVCs provide independent legal representation which might include opposing the government of the United States in order to promote the individual interests of their clients without regard to how their actions might otherwise affect the Air Force as an institution. (T-0) An SVC s legal representation may include advocacy to relevant entities within the Air Force, representation in courts-martial proceedings, extraordinary writs to the applicable appellate court, post-trial and appellate review, and advocacy or assistance regarding related matters outside the military justice process in accordance with 18 U.S.C. 205(c). SVCs also represent victims when said offenses set forth a basis for a Board of Inquiry, consistent with the provisions of AFI , Board of Officers, and the provisions of the specific Air Force Instruction authorizing the board SVCs and Special Victims Paralegals (SVPs) have the authority to review relevant and necessary records within the control of the government to assist them in the performance of their official duties pursuant to the scope of representation outlined in paragraphs 5.9 and Such

18 official use requests are processed as an official use request and not under the Freedom of Information Act (FOIA). (T-0). Reliance on the SVC s reasonable explanation as to why a particular Privacy Act or non-privacy Act record is necessary for them to carry out their official duties is usually sufficient to meet the official use request test under DoD R, Department of Defense Privacy Program (14 May 2007). Requests should be processed as a functional/official use request. (T-0). Additionally, SVCs and SVPs may assist their clients in making a personal, formal FOIA request for Air Force records. (T-2) SVCs may represent victims legal interests in any UCMJ proceeding or in any Board of Inquiry proceeding in which the victim has an interest, as referenced in paragraph 5.2.4, above. SVCs shall receive copies of pleadings, motions, and other documents relating to those matters within a timely manner. (T-0) SVCs and SVPs may be provided information which, if disclosed to the victim would be harmful to, or adversely affect, the client s interests. Before sharing such information with their clients, SVCs will comply with Air Force Rules of Professional Conduct (Attachment 6 of AFI , Professional Responsibility Program (5 August 2014)) and their state bar rules of professional conduct. (T-0) SVCs and SVPs will comply with the restrictions on publicity in Rule 3.6 of the Air Force Rules of Professional Conduct. (T-0) 5.3. SVC and SVP Qualifications SVCs must be certified as trial or defense counsel under Article 27(b), UCMJ. (T-0) SVCs must be designated as a Special Victims Counsel by The Judge Advocate General of the Air Force. (T-0) Judge advocates must be recommended for the SVC position by their current SJA or equivalent through the Professional Development Directorate (JAX) nomination process. The SJA should consider the unique characteristics necessary to provide victim services when making recommendations to include, but not limited to, court-martial and legal assistance experience, independence, competence, courage, compassion, creativity, personality, and leadership qualities. (T-1) Paralegals must have a 5-skill level or higher and a minimum of 12 months military justice experience. The Director, Community Legal Services Directorate (AFLOA/CLS), may waive the 12-month military justice requirement. (T-3) SVPs are Special Duty Category (SPECAT) volunteer positions. The volunteer must meet certain criteria including a favorable recommendation from their current SJA or equivalent. The SJA should consider the unique characteristics necessary to provide victim services when making recommendations to include, but not limited to court-martial and legal assistance experience, independence, competence, courage, compassion, creativity, personality, and leadership qualities.

19 SVCs and SVPs must successfully complete a specialized JAG Corps SVC course as soon as practicable upon assignment selection and must have completed a child representationspecific course before representing children. (T-0) Department of the Air Force civilian attorneys required to perform SVC duties pursuant to their position description may be appointed by the Chief, Special Victims Counsel Division AFLOA/CLSV, to represent clients on a case-by-case basis provided that they: Have successfully completed a specialized JAG Corps SVC course, and Are certified as competent by The Judge Advocate General SVCs and SVPs are assigned to non-deployable billets. (T-0) 5.4. SJA s Support of the SVC Office. The quality of the SVC s facility and equipment must be equal to or better than that of the base legal office. Clients and others who visit SVC offices will not perceive that the system is operating on a level playing field unless SVC facilities and equipment achieve this standard. SJAs are responsible for assisting SVCs in obtaining and maintaining suitable facilities and equipment Obtaining SVC Services Victims of sexually-related offenses shall be informed of the availability of SVC assistance as soon as the victim seeks assistance from a SARC, SAPR Victim Advocate (SAPR VA), Family Advocate Program (FAP) staff member, military criminal investigator, victim liaison, Trial Counsel (TC), Defense Counsel (DC), chaplain, mental health, or medical provider. (T-0) In the event the victim of a sexually-related offense does not qualify for representation pursuant to para. 5.6 below, the entities listed in para shall inform the victim of the SVC program and the opportunity to submit an Exceptional Circumstances Request pursuant to para Victims should not be promised representation. SVCs should be consulted before providing an opinion to the victim as to the likely outcome of an Exceptional Circumstances Request Victims, or in a case involving a child, the child and/or the child s non-offending parent or guardian, may contact SVC offices directly to obtain SVC representation. (T-0) SVCs do not take in sexual assault reports as defined by AFI , Sexual Assault Prevention and Response (SAPR) Program (21 May 2015). SVCs may facilitate a victim making a report to individuals designated to receive them. (T-0) Communications between an SVC and their client are confidential in accordance with the Air Force Rules of Professional Responsibility, the SVC s state bar rules of professional responsibility and Military Rule of Evidence SVCs representing an individual who files a restricted report shall inform the client of the option to permit a military criminal investigative organization, on a confidential basis without

20 affecting the restricted nature of the report, to access certain information that may identify individuals suspected of committing multiple sexual assaults. (T-0) When a victim is referred to an SVC for services, the following referral information, if known and applicable, should be provided to the servicing SVC office in order to ensure the victim is eligible for services (see Attachments 4 and 5 for sample referrals): General information about the incident, to include: (1) Date of the incident, (2) Date incident was reported, (3) Date the SVC was requested, (4) Date of next event in investigation or case, and (5) Whether the report is unrestricted or restricted if the victim is an adult (note, if the victim is a minor the referral is required to be unrestricted) Information regarding the organization submitting the referral, to include: (1) Name of person submitting the referral, (2) Rank or title, (3) Official phone number of person submitting the referral, (4) Official of person submitting the referral, (5) Organization of person submitting the referral (6) Base/location of referral organization, and (7) Defense Sexual Assault Incident Database (DSAID) number Information regarding the victim of a sexually-related offense: For all referral victims: (1) Name, (2) Rank or title, (3) Status (i.e., affiliation in relation to the Air Force and Title 10/32 status), (4) Preferred phone, (5) Preferred , (6) Preferred method of contact (e.g., phone, , text message), (7) Preferred time of contact (e.g., mornings, afternoons, evenings), (8) Location or base, organization, and commander s name (if military), (9) If applicable, location and status of expedited transfer, (10) Identification of any physical safety concerns, and (11) Whether a protective order was issued Additional information for minor referral victims: (1) Current non-offending parent/custodian/guardian name; (2) Whether other siblings are potentially victims;, (3) If the minor victim is a military dependent and the parent/custodian/guardian is different than the sponsor, provide the sponsor s rank, name, status, unit, base, commander s name; and, (4) The location the minor-child is residing, if not with the non-offending parent/custodian/guardian Alleged perpetrator s information, to include: (1) Full name; (2) Rank or title; (3) Status of the perpetrator in relation to Air Force at time of assault and currently; (4) Unit, branch of service, and base; and, (5) relationship to the victim Other information, to include: (1) Identification of additional victims, if any, and (2) Brief description of what happened to the victim (refrain from discussing any alleged misconduct of the victim in the description) The Chief, Special Victims Counsel Division, AFLOA/CLSV, designee, or Senior Special Victims Counsel (SSVC), details Air Force SVCs to eligible victims for representation Requests for specific SVCs will be considered on a case-by-case basis for detailing by AFLOA/CLSV.

21 The Chief, Special Victims Counsel Division, AFLOA/CLSV, or designee, details appellate representation to eligible victims Individuals Eligible for Air Force SVC Representation Active Duty, provided that: The member is a victim of a sexually-related offense or analogous law under a competent jurisdiction criminalizing the sexually-related offense, and The sexually-related offense occurred while the victim was on active (i.e. the assault was not pre-service). (T-0) Air Force Reserve and Air National Guard, provided that: The member is a victim of a sexually-related offense or analogous law under a competent jurisdiction criminalizing the sexually-related offense, and The circumstances of the alleged sexually-related offense have a nexus to the victim s military service. (T-0) Air National Guard members will be referred to the National Guard SVC Program. (T- 3) Air Force retirees, provided that: The retiree is a victim of a sexually-related offense, The alleged perpetrator was at the time of the offense and currently is subject to the UCMJ, and The victim is receiving or entitled to retired, retainer, or equivalent pay and former members of reserve components entitled to retired pay under 10 U.S.C Individuals eligible under this provision include members and former members receiving retired pay as a result of retirement due to permanent disability or placement on the temporary disability retired list. (T-0) Adult dependents of Air Force Active Duty, Air Force Reserve, Air National Guard, Air Force retirees, and civilian employees of the Department of Defense (excluding Non- Appropriated Fund personnel and Air Reserve Technicians) provided that: The individual is a victim of a sexually-related offense, The alleged perpetrator was at the time of the offense and currently is subject to the UCMJ, and

22 The victim has a DoD identification card or qualifies as a dependent under AFI , Identification Cards for Members of the Uniformed Services, their Eligible Family Members, and Other Eligible Personnel (17 June 2009). (T-0) Minor dependents of Air Force Active Duty, Air Force Reserve, Air National Guard, and Air Force retirees provided that: The individual is a victim of a sexually-related offense, and The alleged perpetrator was at the time of the offense and currently is subject to the UCMJ, and The victim has a DoD identification card or qualifies as a dependent under AFI , Identification Cards for Members of the Uniformed Services, their Eligible Family Members, and Other Eligible Personnel (17 June 2009). (T-0) Officers of the Commissioned Corps of the Public Health Service provided that: The individual is a victim of a sexually-related offense, The alleged perpetrator was at the time of the offense and currently is subject to the UCMJ, and The victim is on active duty or entitled to retired or equivalent pay. (T-0) Entry-level Regular Air Force, Air Force Reserve, and Air National Guard members provided that: The individual is a victim of a sexually-related offense, or the victim is alleged to have been involved in an unprofessional relationship, as defined by Air Education and Training Command Instruction , Recruiting, Education and Training Standards of Conduct, that involves conduct of a sexual nature with basic military training or technical training faculty or staff, and The alleged perpetrator was at the time of the offense and currently is subject to the UCMJ. (T-0) Eligible members and dependents from other Services. Anyone eligible for an SVC or Victims Legal Counsel (VLC) from another Service (members, their dependents, those entitled to retired or retainer pay, or civilians deployed OCONUS) will be referred to their respective Service branch s SVC or VLC Program for representation. An Air Force SVC may be detailed if the other Service is unable to provide representation. (T-3). The Chief, Special Victims Counsel Division, AFLOA/CLSV, or designee, after notification of the request for representation, will coordinate the detailing of an SVC/VLC with the Program Managers of the other Service. (T-3)

23 SVC services for clients who have not yet made a report of sexual assault are limited to explaining the available reporting options, methods, and services available under each reporting option SVC services are subject to availability of staff resources and capabilities Extraordinary Circumstances Request (ECR) for SVC Representation An SVC may be detailed to persons not specifically identified above as eligible. Extraordinary Circumstances Requests for SVC Representation may be granted on an individual basis consistent with 10 U.S.C. 1044, 1044e, and 1565b. Threshold requirements include: The individual is a victim of a sexually-related offense, and The alleged perpetrator was at the time of the offense and currently is subject to the UCMJ Factors to be evaluated when considering an Exceptional Circumstances Request for SVC Representation include: Whether the type of service requested is within the SVC scope of services; Whether the victim has had or will have an active and ongoing participation in an Air Force investigation or the military justice process; Whether the statute of limitations is a bar to prosecution; Whether the alleged sexually-related offense could be considered an abuse of authority; If the case involves multiple victims, whether the other victims are eligible for and have obtained SVC services; If the victim was an active duty Air Force member and has subsequently separated, whether the victim made a restricted report before separation; If the victim is no longer a dependent of an Active Duty Air Force member, whether the former dependent made an unrestricted report prior to termination of the Active Duty Air Force dependent status; Whether other special circumstances support detailing an SVC; and The nexus of the sexual assault to the Accused s military service Exceptional Circumstances Requests (ECR) will be submitted by a Senior Special Victims Counsel to the Chief, Special Victims Counsel Division, AFLOA/CLSV. If approved, an SVC will be assigned. If denied, the ECR will be appealed automatically to the Director, Community Legal Services, AFLOA/CLS. If approved, an SVC will be assigned. If denied, the ECR will be appealed automatically to the AFLOA commander. In the absence of the AFLOA

24 Commander, the AFLOA Vice Commander will act on the ECR. In the absence of both the AFLOA commander and vice commander, the Deputy Judge Advocate General (DJAG) will take final action. The decision by the AFLOA commander, or the Vice Commander, or DJAG in the commander s absence is final AFLOA/CLSV will notify the requesting office of the ECR decision AFLOA/CLSV will maintain an electronic copy of all decisions on ECRs for SVC representation, which will include a summary of the facts, analysis, any coordination, and a final decision SVC services are subject to availability of staff resources and capabilities Contact with the Represented Victim Military Criminal Invesigative Organizations, law enforcement agencies, investigating officers, TCs, military DC, civilian defense counsel, and their support staffs must obtain consent from the SVC prior to communicating with a represented victim. (T-0) In a case with concurrent jurisdiction, prior to referring charges, the Special Court-Martial Convening Authority SJA will inform victims of sexually-related offenses of their ability to recommend a preference for adjudicating the sexually-related offenses in a civilian or military court. For victims represented by an SVC, the notification and preference request will be provided to the SVC and the victim. If a victim prefers a civilian prosecution, the SVC will notify the convening authority and the convening authority s SJA of this preference. The convening authority s SJA will ensure that the civilian authority is notified of the victim s preference and ensure that the victim is notified of the civilian authority s decision. (T-0) 5.9. Scope of SVC Services Provided for Adult Victims. The SVC will execute a Scope of Representation memorandum with the client explaining the areas in which the SVC can provide legal representation and advice. At a minimum, SVCs are authorized to provide legal assistance, consultation, or information on the following matters: Entities involved with the representation of a victim of a sexually-related offense, to include but not limited to: VWAP, SARC, FAP, Medical or mental health, Chaplain, Military Criminal Investigative Organization,

25 Military justice entities, Civilian victim support agencies, Air Force personnel entity (for personnel actions), Any administrative board or hearing where the victim has an interest, Military Equal Opportunity, Inspector General, and Congress Collateral misconduct. (T-0) Collateral misconduct means misconduct allegedly committed by a victim of a sexuallyrelated offense while on active duty in the Air Force and that misconduct has a direct nexus to the sexually-related offense For those victims entitled to services of an Area Defense Counsel (ADC), the SVC will advise the victim of his or her right to seek assistance from an ADC. (T-0) In the event a victim of a sexually-related offense indicates a desire to meet with an ADC, the SVC will contact the servicing Senior Defense Counsel (SDC) or the Trial Defense Division (AFLOA/JAJD) to request an ADC be detailed to assist the victim as needed. (T-3). In these circumstances the ADC will serve as the lead counsel for collateral misconduct committed by the victim. (T-3) The victim may request representation by the SVC in lieu of the ADC for collateral misconduct that result in adverse administrative action. Approval authority for such requests is with the relevant SSVC In cases where the collateral misconduct may result in court-martial, if the victim requests SVC representation for this collateral misconduct an individual military defense counsel (IMDC) request should be processed through AFLOA/JAJD for detailing. (T-3) Crime Victims Rights. SVCs may provide representation, consultation, and advocacy concerning crime victims rights as outlined in 10 U.S.C. 806b, UCMJ, VWAP services and rights delineated in AFI , Administration of Military Justice, and any additional rights provided by federal law. (T-0) The military justice process. This includes, but is not limited to: The Government s authority to compel cooperation and testimony, the victim s responsibility to testify (if any), and other duties to the court; (T-0)

26 Legal representation of the client at any proceeding including, but not limited to, interviews in connection with the reporting, military investigation, and military prosecution of the alleged sexually-related offense; (T-0) Asserting and protecting the victim s evidentiary privileges as listed in the Military Rules of Evidence in trial and appellate courts; and (T-0) Understanding the availability of, and obtaining any protections offered by, military protective orders. (T-0) Legal assistance. This includes, but is not limited to: IG Complaints, Equal Opportunity Complaints, Complaints of Wrong under Article 138, Claims for Redress under Article 139, Congressional Complaints, or other similar matters with a nexus to the sexual assault IAW 18 U.S.C. 205(c); (T-0) Military and veterans benefits eligibility and requirements, such as transitional compensation benefits found in 10 U.S.C and other state and federal victims compensation programs; and (T-0) Availability of review of a client s administrative separation action to the General Court- Martial Convening Authority (GCMCA) who serves as the separation authority following an unrestricted report of a sexual assault. (T-0) Boards of Inquiry, consistent to the provisions of AFI , Boards of Officers, and the provisions of specific Air Force Instructions authorizing the board, when the victim is a basis set forth for said Board of Inquiry. (T-0) Retaliation, ostracism, and maltreatment Limited civilian actions. This includes: Potential for civil litigation against parties other than the DoD; Personal, civil legal affairs in accordance with 10 U.S.C. 1044; and Understanding the availability of, and obtaining any protections offered by, civilian protective or restraining orders. (T-0) Advocacy to Air Force and DoD Agencies. SVCs may advocate a victim s interests to any Air Force or DoD agency including, but not limited to, commanders, convening authorities, the SJA, trial counsel, and the defense counsel, in accordance with the Manual for Courts-Martial, federal law, or court order in accordance with 18 U.S.C. 205(c). (T-0) Advocacy to Civilian Agencies. Within the limitations of the Air Force and applicable State Rules of Professional Responsibility, SVCs may advocate a victim s interests to civilian prosecutors, law enforcement agencies, and other civilian and government agencies where there

27 is a nexus to the client s status as a victim. This does not provide an SVC the authority to represent a victim at any civilian proceeding or investigative interview. (T-0) Integrated Disability Evaluation System (IDES). If a client is already represented by the SVC and undergoes IDES processing for a matter directly related to the sexually-related offense, the SVC may assist the attorney assigned to represent the victim from the Office of Airmen s Counsel (AFLOA/CLSA), with the client s consent. The SVC should coordinate this with an Office of Airmen s Counsel attorney if one is assigned. Assistance may be provided on a timeavailable basis. (T-0) Representation of Child Victims and Victims with Diminished Capacity Establishing representation Children sixteen (16) years of age and older. Victims 16 years of age and older are presumed to have the capacity to independently direct their own representation. (T-0) Children under sixteen (16) years of age. Prior to reviewing the Scope of Representation letter with any child victim under the age of 16, the SVC will act in conformity with Rule 1.14 of the Air Force Rules of Professional Conduct to determine whether the victim has a diminished capacity preventing him or her from being competent to enter into an attorneyclient relationship. (T-0). There is no presumption that a child under 16 years of age has diminished capacity. The SVC will assess the child s competency throughout the term of the attorney-client relationship The SVC should consider all relevant factors in assessing a child s capacity to enter into an attorney-client relationship, including but not limited to the following: Ability to understand the nature of a client-directed relationship; Ability to understand the scope of the SVC s representation; Ability to understand that the SVC will maintain ethical obligations to the child; Ability to communicate their direction to the SVC; Ability to deliberate and reach conclusions about their own choices; Ability to understand possible consequences of their choices; and Opinions and input of others, which may include, but are not limited to, family members and multi-disciplinary child abuse team members. (T-0) In establishing an attorney-client relationship, the SVC shall review the Scope of Representation letter with the victim after establishing competency and shall execute the agreement. For victims the SVC determines incompetent or of diminished capacity (as required in para ) the SVC shall review the Scope of Representation letter with a non-offending parent or guardian, who shall execute the agreement on the victim s behalf. (T-0)

28 The child victim, of any age, of a sexually-related offense is the SVC s client at all times for purposes of the SVC s ethical obligations, regardless of the name appearing as the signatory on the Scope of Representation letter. (T-0) The SVC s duty is to represent the expressed interests of the child client and not what the SVC or any third party believes is in the best interests of the child client. (T-0) An SVC may consider exploring the appointment of a guardian ad litem to protect the child s best interests in extraordinary circumstances. Consideration of any such action shall be coordinated with AFLOA/CLSV and JAX/PR. (T-0) Scope of SVC Services Provided for Child Victims At a minimum, SVCs are authorized to provide legal assistance, consultation, or information on the following matters: Entities involved with the representation of a victim of a sexually-related offense, to include but not limited to: VWAP, SARC, FAP, Medical or mental health, Chaplain, Military Criminal Investigative Organization, Military justice entities, Civilian victim support agencies, Air Force personnel entity (for personnel actions), Any administrative board or hearing where the victim has an interest Inspector General, and Congress Crime Victims Rights. SVCs may provide representation, consultation, and advocacy concerning crime victims rights as outlined in 10 U.S.C. 806b, UCMJ, VWAP services and rights delineated in AFI , Administration of Military Justice (6 June 2013), and any additional rights provided by federal law or regulation. (T-0)

29 The military justice process. This includes, but is not limited to: The Government s authority to compel cooperation and testimony, the victim s responsibility to testify, and other duties to the court; (T-0) Legal representation of the client at any proceeding including, but not limited to, interviews in connection with the reporting, military investigation, and military prosecution of the alleged sexually-related offense; (T-0) Asserting and protecting the victim s evidentiary privileges as listed in the Military Rules of Evidence in trial and appellate courts; and (T-0) Understanding the availability of, and obtaining any protections offered by, military protective orders. (T-0) Boards of Inquiry, consistent to the provisions of AFI , Boards of Officers, and the provisions of specific Air Force Instructions authorizing the board, when the victim is a basis set forth for said Board of Inquiry. (T-0) Legal assistance. This includes, but is not limited to: IG complaints, Congressional complaints, or other similar matters with a nexus to the sexual assault IAW 18 U.S.C. 205(c); (T-0); and Military and veteran s benefits eligibility and requirements, such as transitional compensation benefits found in 10 U.S.C and other state and federal victims compensation programs. (T-0) Limited civilian actions. This includes: Potential for civil litigation against parties other than the DoD; (T-0) Personal, civil legal matters in accordance with 10 U.S.C. 1044; (T-0) Legal rights afforded to child victims under federal law in the context of a criminal justice proceeding (e.g., 18 U.S.C. 3509); and (T-0) Understanding the availability of, and obtaining any protections offered by, civilian protective or restraining orders. (T-0) Advocacy to Air Force and DoD Agencies. SVCs may advocate a victim s interests to any Air Force or DoD agency including, but not limited to, commanders, convening authorities, the SJA, trial counsel, and the defense counsel, in accordance with the Manual for Courts- Martial, federal law, or court order in accordance with 18 U.S.C. 205(c). (T-0) Advocacy to Civilian Agencies. Within the limitations of the Air Force and applicable State Rules of Professional Responsibility, SVCs may advocate a victim s interests to civilian

30 prosecutors, law enforcement agencies, and other civilian and government agencies where there is a nexus to the client s status as a victim. This does not provide an SVC the authority to represent a victim at any civilian proceeding or investigative interview. (T-0) Additional services may be provided in exceptional circumstances with the approval of the Chief, Special Victims Counsel Division, AFLOA/CLSV, or designee Matters outside the scope of representation. SVCs shall not represent victims in civilian criminal courts; civil courts of delinquency; custody, neglect, or divorce matters; or in civilian school system or board matters. (T-0) SVCs shall comply with federal and state mandatory reporting laws involving child, elderly, and other abuse and state rules of professional conduct. (T-0) Under 10 U.S.C. 806b(c), UCMJ, when an Article 6b Representative has been appointed to promote and preserve the Article 6b, UCMJ, crime victim rights of a minor or diminished capacity victim, the SVC cooperates with that representative to enforce the victim s rights, subject to the confidentiality, consent, and representation agreement requirements. Any conflict between the Article 6b Representative and the SVC should immediately be brought to the attention of AFLOA/CLSV. (T-0) Petitions for Relief An SVC may file petitions for relief from adverse rulings or other events, as authorized by law or other authority. If practicable, the SVC should consult with their SSVC and the appellate function within AFLOA/CLSV prior to filing any such petition with an appellate court The SVC must follow the applicable rules of court in filing any such petition Termination or Declination of SVC Services Individuals who enter into an attorney-client relationship with an SVC remain eligible for SVC assistance, limited to matters directly related to the investigation and prosecution of the alleged sexually-related offense, even if they otherwise lose their eligibility for legal assistance. Such assistance will usually terminate as specified in the Representation Agreement signed by the individual and the SVC at the time representation commenced. (T-0) Transfer of counsel due to deployments, expedited transfers, or other circumstances will be made through AFLOA/CLSV, with the consent or request of the victim. (T-0) If the detailed SVC separates or retires from active duty, the SVC is no longer authorized to perform SVC duties under the authority of the United States Air Force. (T-0) An SVC may decline or terminate representation IAW Air Force Rules of Professional Conduct or the SVC s state bar Rules of Professional Conduct, the representation requirements as defined by the scope of the representation and after consultation with AFLOA/CLSV. (T-0)

31 When appropriate, SVCs may refer clients to the servicing legal assistance office for traditional legal assistance services unrelated to the sexual-related offense. (T-3) When appropriate, SVCs will inform the client of the availability of appellate SVC representation. Appellate SVC representation includes, but is not limited to, matters before a Service Court of Criminal Appeals, the Court of Appeals for the Armed Forces, the Supreme Court of the United States, and the Air Force Clemency and Parole Board. Appellate SVC representation is distinct from SVC representation The SVC will execute a termination memorandum with the client after all matters relating to the sexually-related offense are completed. This memorandum will terminate the attorney-client relationship between the SVC and client, but will not affect Appellate SVC representation, which will be the subject of its own termination procedures. If the victim seeks additional SVC representation after the memorandum has been executed, the victim must make a new request for an SVC If, after termination, the SVC is made aware of a new legal issue or matter that relates back to the prior representation, the SVC may contact the client in order to inform the client of the new matter. If the SVC is no longer assigned to AFLOA/CLSV, the Chief, Special Victims Counsel Division or designee may appoint a new counsel to contact the former client. The SVC and former client shall then determine if a new scope of representation should be executed to address the new matter. (ADD NEW) Chapter 6, Air Force Disability Counsel Purpose The OAC gives advice to and represents Airmen entered into the Disability Evaluation System (DES). Beginning with the initiation of a Medical Evaluation Board (MEB) through final review by the Formal Physical Evaluation Board (FPEB), an Airman can either be separated or returned to duty. OAC members provide case-specific legal advice and advocacy designed to help Airmen formulate and achieve their specific goals from the DES, whether that is to be found Fit for Duty or separate/retire with a fair and accurate disability determination. The OAC s primary mission within the DES is to represent Airmen before the FPEB, a 3-member panel tasked with determining fitness for duty. OAC personnel do not advise or represent Commanders, medical personnel, or the MEB/PEB. Communications between Airmen and OAC attorneys and paralegals are confidential and protected by the attorney/client privilege Scope OAC attorneys enter into attorney-client relationships with eligible Airmen entered into the DES. The OAC attorney s sole responsibility is to his or her client and they are bound by professional ethical responsibilities to represent only the interest of their clients OAC attorneys provide independent legal representation in order to promote the individual interests of their clients without regard to how their actions might otherwise affect the Air Force as an institution. (T-0)

32 Eligibility for Disability Evaluation: HQ AFPC/DPPD determines eligibility for disability processing. The mere presence of a physical defect or condition does not qualify a member for disability retirement or discharge. The physical defect or condition must render the member unfit for duty. Disability evaluation begins only when examination, treatment, hospitalization, or substandard performance result in referral to a Medical Evaluation Board (MEB). See AFI , Physical Evaluation for Retention, Retirement, and Separation The OAC s primary representation occurs before the Formal Physical Evaluation Board. The FPEB is a fact-finding body that investigates the nature, origin, degree of impairment, and probable permanence of the physical or mental defect or condition of any member whose case it evaluates. The disability system provides for two PEBs: an Informal PEB and a Formal PEB. If either board finds a member unfit, it recommends appropriate disposition based on the degree of impairment caused by the disabling condition, the date incurred, and the member's line of duty status The OAC s legal representation for Airmen undergoing a FPEB is: Advising member of rights, options, and formal hearing rules; Preparing or assisting member in case presentation; Obtaining sworn statements or other evidence in support of the member's position; Examining and cross-examining witnesses, as appropriate; Submitting oral or written arguments, as appropriate; Counseling the member on the PEB's findings and recommended disposition; and Preparing or assisting the member in preparing the rebuttal, when requested Individuals Eligible for Air Force OAC Representation. The OAC s scope of representation is limited to all active duty (includes USAFA Cadets), ANG, USAF Reserve, and temporarily medically retired Airmen being processed through the DES (Legacy DES & Integrated DES). This Memorandum becomes void after one year has elapsed from the date of this Memorandum, or upon publishing of an Interim Change or rewrite of the affected publication, whichever is earlier. CHRISTOPHER F. BURNE Lieutenant General, USAF The Judge Advocate General

33 AFI _AFGM (UPDATED) Attachment 1 GLOSSARY OF REFERENCES AND SUPPORTING INFORMATION References 5 U.S.C. 5945, Notary Public Commission Expenses 10 U.S.C. 502, Enlistment Oath: Who May Administer 10 U.S.C. 806b, Art. 6b. Rights of the Victim of an Offense Under This Chapter 10 U.S.C. 936, Art Authority to Administer Oaths 10 U.S.C. 938, Art Complaints of Wrongs 10 U.S.C. 1031, Administration of Oath 10 U.S.C. 1044, Legal Assistance 10 U.S.C. 1044a, Authority to act as notary 10 U.S.C. 1044b, Military powers of attorney: requirement for recognition by States 10 U.S.C. 1044c, Advance medical directives by members and dependents: requirement for recognition by States 10 U.S.C. 1044d, Military testamentary instruments: requirement for recognition by States 10 U.S.C. 1044e, Special Victims Counsel for Victims of Sex-Related Offenses 10 U.S.C. 1052, Reimbursement of Adoption Expenses 10 U.S.C. 1059, Dependents of Members Separated for Dependent Abuse: Transitional Compensation; Commissary and Exchange Benefits 10 U.S.C , Retirement or Separation for Physical Disability 10 U.S.C. 1408, Payment of Retired or Retainer Pay in Compliance with Court Orders 10 U.S.C. 1565b, Victims of Sexual Assault: Access to Legal Assistance and Services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates 10 U.S.C. 1588, Authority to Accept Certain Voluntary Service 10 U.S.C , Age and Service Requirements 18 U.S.C. 205, Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government 18 U.S.C. 3509, Child Victims and Child Witnesses Rights 38 U.S.C , Employment and Reemployment Rights of Members of the Uniformed Services 50 U.S.C. App , Servicemembers Civil Relief Act AFI , Personal Financial Responsibility AFI , Family Care Plans AFI , Recruiting, Education and Training Standards of Conduct AFI , Identification Cards for Members of the Uniformed Services, their Eligible Family Members, and Other Eligible Personnel AFI , Physical Evaluation for Retention, Retirement, and Separation AFI , Professional Responsibility Program AFI , Administration of Military Justice AFI , Sexual Assault Prevention and Response (SAPR) Program AFPD 51-5, Military Legal Affairs ARC-1, Rules of Professional Conduct for Air Reserve Component Judge Advocates Army Pub. 260, Soldiers and Sailors Civil Relief Act Guide DoDI , Voluntary Services in the Department of Defense

34 DoDI , Disability Evaluation System Manual DoDD , DoD Adoption Reimbursement Policy (Jul 93) DoDD , Legal Assistance Matters (Apr 01) DoDI , DoD Civilian Workforce Contingency and Emergency Planning Guidelines and Procedures DoDI , Continuation of Essential DoD Contract Services During Crises DoD R, Department of Defense Privacy Program (14 May 2007) P.L , Law Day, 7 April 1961 TJS-2, Air Force Rules of Professional Conduct and Standards for Civility in Professional Conduct TJS-3, Air Force Standards for Criminal Justice TJS-8, Legal Services Volunteer Confidentiality Agreement Manual for Courts-Martial

35 AFI _AFGM (UPDATED) Attachment 3 SAMPLE STANDARD OPERATING PROCEDURE FOR EXECUTING WILLS 1. The following procedure, or a substantially similar procedure, is recommended for the execution of wills. This procedure meets the requirements of 10 U.S.C. 1044d for execution of military testamentary instruments, the standard for the execution of wills in the United States Air Force. 2. Required participants. Present for the execution should be the following: a. The testator/testatrix. b. Two witnesses. c. The Notary. 10 U.S.C. 1044d requires the execution of a military testamentary instrument be notarized by: Notes: (A) A military legal assistance counsel (which includes both military and civilian Air Force attorneys); (B) A person authorized to notarize under 10 U.S. C. 1044a who is not an attorney and is supervised by a military legal assistance counsel (this includes military and civilian paralegals); or (C) A State-licensed notary employed by the military department and supervised by a military legal assistance counsel. a. The presence of a presiding legal assistance attorney for the entire duration of the will execution is NO LONGER required under 10 U.S.C. 1044d for Military Testamentary Instruments. The execution ceremony can be presided over by an authorized notary as described above. Under Chapter 5 of this instruction, the 10 U.S.C 1044a Notary may be either a military or civilian paralegal. Additionally, legal offices have the option to continue to have paralegals become a state-licensed notary. Legal offices should ensure the proper notary captions are utilized. b. Witnesses must be persons who have no interest, vested, contingent, or via elective share, in the property disposed of by the will or in the testator s/testatrix s estate in the event of intestacy. c. Neither the notary nor legal assistance attorney may act as a witness. Under 10 U.S.C. 1044d(c)(3), the two witnesses must be in addition to the to the person notarizing the instrument.

36 3. Will pagination. If the will consists of more than 1 page, the pages should be fastened together securely. The will should specify the exact number of pages of which it consists (e.g., number each page at the bottom 1 of 3, 2 of 3, 3 of 3 ). This page numbering does not include the self-proving affidavit, unless it has been incorporated as part of the will. The selfproving affidavit should, however, be fastened to the will. 4. Opportunity to read and understand the will. Prior to the execution of the will, testator/testatrix should read the will and the self-proving affidavit in their entirety. If the testator/testatrix have questions about the will or any terms, the client will be provided an opportunity to speak with a legal assistance attorney. The legal assistance attorney should ensure understanding of all terms. 5. Oath and Questions. a. The notary shall ensure the testator/testatrix and all witnesses are present and in the same room during the entire will execution. b. The notary shall have the testator/testatrix and witnesses produce acceptable forms of identification for the execution and notarization. The notary will then advise the individuals serving as witnesses to review the identification card of the testator/testatrix to verify the individual named in the document and on the identification card is one and the same, and to also verify that the testator/testatrix is of age by reviewing the birth date on the identification card. c. The testator/testatrix AND the witnesses shall be placed under oath by the notary ensuring there is a verbal response from each individual: Sample Oath: The Testator/Testatrix and the witnesses, please raise your right hands. Do you (swear)(affirm) that you will truthfully answer the following questions truthfully? d. Questions of the Testator/Testatrix. The witnesses must be assured the Testator/Testatrix understands the questions and responds to them consistent with the intent to execute the document as his/her last will and testament. For executions involving multiple clients, substitute the phrase each of you for you in each question and request the clients to both answer aloud and make the appropriate nod for affirmative or negative. The notary presiding at the execution ceremony should ask the testator/testatrix the following questions: i. Do you (state full name of testator/testatrix) declare in the presence of (state the names of the witnesses) that this document before you is your will? ii. Are you at least 18 years of age? iii. Do you consider yourself to be of sound mind? iv. Have you read the will in its entirety and do you fully understand its terms? v. Do you have any additions or corrections you desire made to the will?

37 vi. Does the will as drafted represent your intentions as to how you wish your property to be distributed in the event of your death? vii. Have you prepared and are you executing this document voluntarily? viii. At any point in the process of preparing your will, do you feel you have been under any sort of duress, coercion, or undue influence? ix. Do you publish and declare this document to be your last will and testament? x. Do you desire that (state the names of the witnesses) witness your signature and execution of this will? xi. To the best of your knowledge, is either witness related to you by blood or marriage, or is either listed in your will as a beneficiary? e. Questions of the witnesses: i. Are you both 18 years of age or older? ii. Are you satisfied that the testator/testatrix is 18 years of age or older? iii. Does the testator/testatrix appear to be of sound mind? iv. Does he/she appear to understand the nature of his/her actions? v. Does he/she appear to be acting under duress or coercion? 6. Signing and notarizing the will. a. Testatrix/Testator. Assuming appropriate responses to the questions, the testator/testatrix then initials in the margin at the bottom of each page of the will except the page including the testator s/testatrix s signature at the end of the will. This assures identification and prevents subsequent addition and substitution of pages. The testator/testatrix also signs in the appropriate space at the end of the will and the self-proving affidavit where appropriate. The testator/testatrix should sign the will as their name appears in the will. The witnesses should be seated or standing in a position to observe the signing and/or initialing. b. Witnesses. Each witness then initials in the margins in the same area as the testator/testatrix and signs in the appropriate places at the end of the will. The witnesses also read and sign the self-proving affidavit above the witnesses printed or typed name and rank (if military). A printed or typed duty address should be included under or next to their signatures. c. The notary should review the will to ensure all pages are signed and/or initialed and that the pages are in the correct order. After review of the will, the notary shall notarize the will.

38 d. The notary will then fasten, staple, or otherwise bind the will. 7. Parting Instructions. a. Inform clients that due to volume and transitory nature of clientele, the office does not retain copies of the executed will. b. Stress the importance of safeguarding the will while ensuring personal representatives or others (as necessary) are aware of the original document s location and have lawful access to obtain when needed. Remind clients that the legal offices have had clients put wills in safe deposit boxes where executors are not listed to gain access or hide their wills so well no one could find the will. Fire and waterproof safes work well. c. Inform clients to avoid making copies or, at least, to limit the number of copies made. Copies can create confusion if the client later changes his or her will and does not recover old copies. If clients deem it necessary to make a copy, copies should be appropriately marked to clearly distinguish it from the original. Also, inform clients not to remove staples or other binding as this could be indicative of tampering with the original will. d. Remind clients that in executing his or her will today, prior wills and codicils are rescinded as indicated within the will signed today. Clients may want to shred the old will or mark it void on the top of each page if they retain the old will. This eliminates confusion and helps ensure the intended and most recent will is used. e. Remind clients that some assets or contractual rights may pass outside of the will. Thus, clients should be reminded to periodically review beneficiary designations or deeds that will not likely pass through the will during probate of the estate. These instruments can include, but are not limited to, life insurance proceeds, retirement accounts, stocks, pay on death accounts, transfer on death accounts, or deeds. f. Remind clients to be mindful of the impacts life changes (e.g., divorce, new child, new guardian, predeceased beneficiary or personal representative) may have on a will. Wills often cover contingencies, but should not be viewed as a static document. Some changes may necessitate the execution of a new will and caution clients against pen and ink changes done at home. Suggest clients contact the legal office and make an appointment if questions arise about the need for a new will.

39 AFI _AFGM (ADD NEW) Attachment 4 SAMPLE PRIVATIZED HOUSING POTENTIAL CONFLICT OF INTEREST DISCLOSURE/WAIVER FORM Air Force Legal Assistance Legal Office Address Privatized Housing Potential Conflict of Interest Disclosure/Waiver Form The Air Force, along with the rest of the Department of Defense, is heavily engaged in an effort to privatize military family housing to rapidly improve the quality of housing for our military personnel. As implemented by the Air Force, these privatization transactions involve a long term outlease of government land to a private developer of military family housing units. In return, the developer commits to renovate, destroy/build, operate and maintain the units to make them available for military tenants on a priority basis. The developer enters into private leases with individual military members residing in privatized housing. Although the Air Force does have an interest in the underlying arrangement between itself and the developer, it is not a party to the lease agreements between privatized-housing developers and privatized-housing tenants. It is therefore unlikely that the Air Force s interest will conflict with the interest of military tenants leasing from that developer. However, it is possible for such a potential conflict to arise. For that reason, legal assistance clients seeking advice on matters arising out of their relationship with privatized-housing developers are assigned to Air Force attorneys who are not involved, and purposely remain uninvolved, with the privatized housing projects at that location. Clients who do not want to see any Air Force counsel are not required to do so. By signing below, I understand that there is a potential for a conflict between my interest and the interest of the Air Force. Notwithstanding this potential conflict of interest, I desire to obtain legal representation from this Air Force legal office. Date: Print Client Name: Client Signature:

40 AFI _AFGM (ADD NEW) Attachment 5 SAMPLE SPECIAL VICTIMS COUNSEL REFERRAL MEMO ADULT VICTIM Date MEMORANDUM FOR AFLOA/SVC (Servicing Base Name) FROM: SUBJECT: FOUO// Special Victims Counsel Referral Adult Victim 1. Please provide all information below. If information does not apply, please insert N/A. E- mail the completed form to the servicing SVC office and call to confirm receipt. Ensure proper protection of the sensitive information contained on a completed form. 2. PRIVACY ACT NOTICE: a. PURPOSE(S): To obtain information required for official purposes, to include legal representation through the Special Victims Counsel Program. b. ROUTINE USES: The Privacy Act, 5 U.S.C. 552a, Routine Uses is applicable as is the DoD Blanket Routine Uses published at the beginning of the Air Force s compilation of systems of records notices, located at and other Routine Uses listed under the Legal Assistance and Judge Advocate Personnel Records Air Force Judge Advocate Privacy Act System of Record Notices. Such routine uses outside of DoD for other than DoD official purposes include responding to congressional requests and law enforcement requests. These routine uses may also be reviewed at the defenselink. c. DISCLOSURE IS VOLUNTARY: You are not required to provide this information. However, failure to do so may result in your not receiving legal assistance services and representation through the military justice or administrative process. 3. General Information: Date of the Incident: Date SVC Requested: Unrestricted/Restricted Report: Date Incident Reported: Next Event in Case & Date: Date Interviewed by OSI: 4. Referrer s Information: Name: Phone: Rank/Title:

41 Organization: Location/Base: DSAID Number: 5. Victim s Information: Name: Phone: Preferred Method of Contact: Status When Reported: Current Location/Base: Is a Protective Order Issued?: Rank/Title: Preferred Time of Contact: Status at Time of Incident: Location of Incident: By Whom?: List Physical Safety Concerns: If Victim is Military, Answer the Following, Otherwise Indicate N/A : Unit (if applicable): Was Expedited Transfer Requested?: Commander s Name: Requested Location: Was Incident Pre-Service?: 6. Perpetrator s Information: Name: Status When Reported: Rank/Title: Status at Time of Incident: Location/Base: 7. Additional Information: List Other Victims, If Any and Relationship to This Victim: Briefly Describe Incident (refrain from discussing any alleged misconduct of the victim).

42 AFI _AFGM (ADD NEW) Attachment 6 SAMPLE SPECIAL VICTIMS COUNSEL REFERRAL MEMO MINOR VICTIM Date MEMORANDUM FOR AFLOA/SVC (Servicing Base Name) FROM: SUBJECT: FOUO// Special Victims Counsel Referral Minor Victim 1. Please provide all information below. If information does not apply, please insert N/A. E- mail the completed form to the servicing SVC office and call to confirm receipt. Ensure proper protection of the sensitive information contained on a completed form. 2. PRIVACY ACT NOTICE: a. PURPOSE(S): To obtain information required for official purposes, to include legal representation through the Special Victims Counsel Program. b. ROUTINE USES: The Privacy Act, 5 U.S.C. 552a Routine Uses is applicable as is the DoD Blanket Routine Uses published at the beginning of the Air Force s compilation of systems of records notices, located at and other Routine Uses listed under the Legal Assistance and Judge Advocate Personnel Records Air Force Judge Advocate Privacy Act System of Record Notices. Such routine uses outside of DoD for other than DoD official purposes include responding to congressional requests and law enforcement requests. These routine uses may also be reviewed at the defenselink. c. DISCLOSURE IS VOLUNTARY: You are not required to provide this information. However, failure to do so may result in your not receiving legal assistance services and representation through the military justice or administrative process. 3. General Information: Date of the Incident: Date SVC Requested: Unrestricted Report Minor Victim Date Incident Reported: Next Event in Case & Date: Date Interviewed by MCIO: 4. Referrer s Information: Name: Phone: Organization: Rank/Title: Location/Base:

43 DSAID Number: 5. Victim s Information: Name: Phone: Preferred Method of Contact: Status When Reported: Current Location/Base: Is a Protective Order Issued: Rank/Title: Preferred Time of Contact: Status at Time of Incident: Location of Incident: By Whom: List Physical Safety Concerns: If Victim is DoD Dependent, Answer the Following, Otherwise Indicate N/A : Was Expedited Transfer Requested: Sponsor s Name: Sponsor s Phone: Preferred Method of Contact: Sponsor s Status: Sponsor s Unit: Requested Location: Sponsor s Rank/Title: Sponsor s Preferred Time of Contact: Sponsor s Location/Base: Commander s Name: 6. Non-Offending Parent/Custodian/Guardian Information: Name: Phone: Preferred Method of Contact: Status: Rank/Title: Preferred Time of Contact: Location/Base: 7. Perpetrator s Information: Name: Status When Reported: Rank/Title: Status at Time of Incident: Location/Base:

44 8. Additional Information: List Other Victims, If Any and Relationship to This Victim: Briefly Describe Incident (refrain from discussing any alleged misconduct of the victim).

45 BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE INSTRUCTION OCTOBER 2003 Incorporating Through Change 3, 24 May 2012 Law LEGAL ASSISTANCE, NOTARY, AND PREVENTIVE LAW PROGRAMS COMPLIANCE WITH THIS PUBLICATION IS MANDATORY ACCESSIBILITY: Publications and forms are available on the e-publishing website at for downloading or ordering. RELEASABILITY: There are no releasability restrictions on this publication. OPR: AFLSA/JACA (Lt Col Timothy Alan Guiden) Supersedes: AFI , 1 May Certified by: AFLSA/JAC (Col Evan L. Haberman) Pages: 37 This instruction implements AFPD 51-5, Military Legal Affairs, and DoDD , Legal Assistance Matters, April It describes the Air Force legal assistance, notary, and preventive law programs. It implements 10 U.S.C. 1044, which authorizes legal assistance as resources permit; 10 U.S.C. 1044a, which authorizes certain military personnel to act as notaries public and identifies the eligible beneficiaries for military notary services; 10 U.S.C. 1044b, which establishes the legal effect of military powers of attorney without regard to state law, exempting them from any requirement as to form, substance, formality, or recording; 10 U.S.C. 1044c, which establishes the legal effect of military advance medical directives, exempting them from any requirement as to form, substance, formality, or recording; and 10 U.S.C. 1044d, which defines the requirements for preparation of military testamentary instruments and establishes their legal effect, exempting them from any requirement as to form, formality, or recording. SUMMARY OF CHANGES This interim change removes the reference to rescinded Department of Defense guidance on providing legal assistance to contractor personnel, incorporates congressional authorization for providing legal assistance to agents of service members who die on active duty or as a result of an injury incurred while on active duty, incorporates Department of Defense guidance regarding legal assistance for family care planning, clarifies the responsibility to provide legal assistance to victims of crime, provides guidance on the use of the Air Force Legal Assistance Website, and removes the minimum enlisted grade requirement for a paralegal to act as a notary.