The National Guard Special Victims Counsel Program

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1 The National Guard Special Victims Counsel Program LTC Ruth Anne Cresenzo UNCLASSIFIED

2 Who are the National Guard SVCs NG (Regional T10 or T32 SVCs) are Judge Advocates meeting all requirements to practice law in a jurisdiction Recommended by the NG Joint Force Headquarters SJA & Endorsed by TAG Specialized training Background check Certified by The Judge Advocate of the Service Provide legal representation to eligible sexual assault victims 2

3 Program Objectives Provide legal support through independent representation Primary responsibility is to the client Authorized by law to enter into an attorney-client relationship Building and Sustain Victim Resiliency Legal advocacy builds and sustains a foundation for client recovery Access to care and prevent re-victimization Empower Victims Provide professional and knowledgeable counsel for making informed decisions Degree of participation in the investigation and/or disposition of the case 3

4 Scope of Representation Military Administrative Process: administrative discharge, WOFR, medical evaluation/separation, LOD, expedited transfer, MPO Military Justice Process: military criminal investigation & prosecution Personal civil legal affairs: traditional legal assistance Military Personnel Issues: referred OER/OPR, reprisal/retaliation, security clearance, access to medical care 4

5 Scope of Representation Collateral misconducts: Referral to ADC/TDS for representation Misconducts not related to sexual assault: Referral to ADC/TDS or civilian attorneys for legal representation Civilian investigative & prosecutorial agencies: referral to civilian attorneys for legal representation 5

6 Scope of NG Services VA & Responsibilities Victim Advocate Primary POC through which victims obtain info/assistance in securing victim services at earliest opportunity. Responsible for crisis intervention, referral, and ongoing nonclinical support to SA victim. 1. Inform on reporting options 2. Inform on victim rights 3. Inform on military and VA benefits 4. Inform on expedited transfer requests 5. Inform on MPO and civilian protective orders 6. Inform and assist with transportation, parking, childcare, lodging, and translators/interpreters SVC 7. Advocate victim s interests to SJAs or commanders on administrative matters LOD determination Expedited transfer/mpo/cpo Victim impact statement Discharge/reduction action Mental health evaluation Withdraw of Fed Rec n Board Obtaining/protecting records 8. Inform victim of the civilian investigative or prosecuting process 9. Advise and represent victim throughout the military justice process: Obtain witness fees and related costs Victim s rights/duties Pre-trial interviews, motions/court appearances/appeals on MRE 412, 513, and 514 issues Post trial matters Obtaining/protecting records 10. Advise victim in collateral civil issues arising from crime; Referral to TDS, as necessary 11. Traditional legal assistance 6

7 Current Eligibility for AC SVC Services Victim Status NG (Title 10) Adult Dependent of the above NG member (Title 32-IDT) NG member on State Active Duty NG Dual Status Technician NG Non-Dual Status Technician Representation Yes, if the AC has jurisdiction over the alleged offender Yes, if the AC has jurisdiction over the alleged offender No No No No Information based on the Army Special Victims Counsel Handbook (1 Nov 13) & the Air Force SVC Charter (1 Jul 13) 7

8 What about eligibilities for all other Title and Duty Statuses for National Guard Service members ( and what are all the Title and Duty Statuses for NG SM)? 8

9 Title 10 Duty Status for NG SM Initial Active Duty for Training (IADT) Example: basic training* Active Duty for Training (ADT) Title 10 AGR Support ARNG/ANG at federal headquarters Active Duty for Operational Support to Support the Reserve Component (ADOS-RC) To support federal headquarters (e.g., NGB) Active Duty for Operational Support to Support the Active Component (ADOS- AC) To support the Active Component 9

10 Title 32 Duty Status for NG SM Inactive Duty Training Drills or unit training assemblies 48 drill periods/yr Annual Training 15 days (A type of FTNGDT) Full time National Guard duty for training (FTNGDT) Example: tech school training FTNGD for Operational Support (FTNG DOS) Title 32 AGR Support the State FTNGD for Counterdrug Operations (FTNG DCD) Funeral Honors Duty (FHD) 10

11 Other Duty Statuses for NG SM State Active Duty Dual Status (DS) Technicians Military membership is a requirement Non Dual Status (NDS) Technicians Military is NOT a requirement State civilian employees State Technicians 11

12 End State Eligibility for NG SVC Services Army NG (Title 10) Air NG (Title 10) Victim Status NG member (Title 32) NG member on State Active Duty NG member not in a duty status NG Dual Status Technician NG Non-Dual Status Technician (No NG membership) Civilian (No NG membership) Active Duty (No NG membership) Dependent of a NG member Title 10 NG SVC (RC-ADOS) Representation Yes Yes Yes NG Nexus NG Nexus NG Nexus NG Nexus No No Yes, if the Active Component or National Guard has jurisdiction over the perpetrator. 12

13 Referral to SVCs Sexual assault victims should be offered the option of receiving SVC services*: Referrals can be made with or without a restricted or unrestricted report Upon report of an alleged sex-related offense When the victim seeks assistance from: SARC/VA Military criminal investigator A victim/witness liaison A trial A healthcare provider Or any other personnel designated by the Secretary of Defense and the Secretary of the Department *10 USC 1044e(f), as amended by Pub. L , Sec

14 NOTIFICATION OF NATIONAL GUARD SPECIAL VICTIMS COUNSEL SERVICES I, (SARC/VA) have advised (Client) of his/her right to consult with a Special Victims Counsel (SVC) provided by the Government at no cost. I have informed that the SVC s mission is to provide victims with confidential legal representation related to issues that may arise as a result of being sexually assaulted. The SVC may provide the following services: Legal representation and advocacy on issues related to the criminal or administrative disposition of the sexual assault (e.g., attending interviews with military investigators and military trial/defense counsels, drafting victim impact statement, etc.) Referral to Trial Defense Service or Area Defense Counsel for collateral misconduct, if necessary Advice to client on personal civil legal affairs that have a direct nexus to the sexual assault Assisting client in filing an expedited transfer request, military/civilian protection order and obtaining records related to the sexual assault investigation or case disposition Traditional legal assistance services I have notified the client that he/she may speak with an SVC and elect representation at any time during the legal, medical, or investigative process. At this time (initial in the applicable blank): The Client wants to speak to an SVC. The Client does not want to speak to an SVC. However, if he/she changes his/her mind at a later time, he/she has been notified that he/she can contact the SARC/VA or the SVC number listed below for SVC services and been provided a copy of this memorandum. (Signature of SARC/VA) (Date) You may contact the Alaska National Guard SVC directly at the following: (980) , 14

15 SVC Representation Chart 15

16 Northwest Maj Michael Adams Office: Blackberry: Northwest: AK LTC Ruth Anne Cresenzo Blackberry: AK GU HI WA OR CA NV West: HI and GU LTC Winston Ling Office: Blackberry: West MAJ Steven Jester CPT Megan Schroeder Blackberry: National Guard Special Victims Counsel Program Office: ; Blackberry: Midwest CPT Peter Williams Office: Blackberry: ID UT AZ MT WY CO NM ND SD NE KS TX OK MN IA MO AR LA Upper Midwest CPT Crystal Banse Office: Blackberry: CPT Amanda Baylor Office: WI South-Central CPT Cannon Cain Office: CPT Adam Rose Blackberry: IL MS IN TN AL VI MI KY OH GA WV 1 SC FL VA NC PA PR VT NY NH Northeast MAJ Eric Augustine Office: Blackberry: ME MA RI CT DE NJ DC MD East MAJ Stephen Glymph Office: Blackberry: Southeast LTC Brian Bischoff Office: Blackberry: CPT Wes Brewer 1 Office: Blackberry:

17 If you have a question regarding a specific issue, please contact NGB- JA/SVC Program Staff Program Points of Contact LTC Ruth Anne Cresenzo (980) MAJ Tracianna Winston UNCLASSIFIED

18 Questions? UNCLASSIFIED

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