Report of. The Staff Judge Advocate. to the. Commandant. of the Marine Corps. Presented to The. American Bar Association. Annual Meeting.

Similar documents
DEPARTMENT OF THE NAVY OFFICE OF THE SECRETARY 1000 NAVY PENTAGON WASHINGTON, DC

STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS. 6 March 2014

Subj: ROLES AND RESPONSIBILITIES OF THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS

Rights of Military Members

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

Judicial Proceedings Panel Subcommittee August 27, 2015

CRS Report for Congress

MILITARY JUSTICE REVIEW GROUP

LEGAL SUPPORT AND ADMINISTRATION MANUAL

UNDER SECRETARY OF DEFENSE 4000 DEFENSE PENTAGON WASHINGTON, D.C

Subj: DETAILING AND INDIVIDUAL MILITARY COUNSEL DETERMINATION AUTHORITY FOR COUNSEL ASSIGNED TO THE MARINE CORPS DEFENSE SERVICES ORGANIZATION

ADVERTISED BILLETS. 2. TYPE BILLET: Drilling IMA

STATEMENT OF CAPTAIN ERIC C. PRICE, JAGC, U.S. NAVY BEFORE THE CRIMINAL JUSTICE ACT AD HOC COMMITTEE APRIL 12, 2016

MANUAL OF THE JUDGE ADVOCATE GENERAL (JAGMAN)

LEGAL SUPPORT AND ADMINISTRATION MANUAL

USMC USCG supervised by a Senior Trial Counsel (O-4 or above judge advocate) and a Commanding Officer (O-6 judge advocate) and have access to 24/7 sup

Military Justice Overview

An Introduction to The Uniform Code of Military Justice

BY ORDER OF THE CHIEF, ANGI NATIONAL GUARD BUREAU 14 DECEMBER 2001 COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

Judicial Proceedings Panel Recommendations

Courts Martial Manual Usmc 2009 Edition

FLORIDA BAR JUDICIAL CANDIDATE VOLUNTARY SELF-DISCLOSURE STATEMENT

DEPARTMENT OF THE AIR FORCE PRESENTATION TO THE SUBCOMMITTEE ON PERSONNEL COMMITTEE ON ARMED SERVICES UNITED STATES SENATE

AIR FORCE SPECIAL VICTIMS COUNSEL CHARTER

DEPARTMENT OF THE NAVY BOAR3 FOR CORRECTION OF NAVAL RECORD 2 NAVY ANNE X WASHINGTON DC

Department of Defense INSTRUCTION

Comparison of Sexual Assault Provisions in NDAA 2014 and Related Bills

LEGAL SUPPORT AND ADMINISTRATION MANUAL

Overview of the Military Justice

JUDICIAL PROCEEDINGS PANEL REQUEST FOR INFORMATION FOR 9 OCT PUBLIC MEETING

STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS. 21 February 2013

Article 140a (New Provision) Case Management; Data Collection and Accessibility

LTC Jay Morse Written Statement to RSP

THE MILITARY JUSTICE SYSTEM & THE VICTIM WITNESS ASSISTANCE PROGRAM (VWAP)

Encl: (1) Statement of Understanding for Student Judge Advocates (2) Client's Statement of Understanding Regarding Use of Student Judge Advocates

LEGAL SUPPORT AND ADMINISTRATION MANUAL

No February Criminal Justice Information Reporting

Table of Contents. Introduction Executive Summary Mission and Core Capabilities Vision for Focus Areas...

DIVISION E UNIFORM CODE OF MILITARY JUSTICE REFORM. This division may be cited as the Military Justice Act of TITLE LI GENERAL PROVISIONS

USA. a. Command investigation?

Florida State Courts System Office of Inspector General. Annual Report Fiscal Year

JUDICIAL PROCEEDINGS PANEL REPORT ON STATISTICAL DATA REGARDING MILITARY ADJUDICATION OF SEXUAL ASSAULT OFFENSES

LEGAL SUPPORT AND ADMINISTRATION MANUAL

Updates on the Special Victims Counsel/Victims Legal Counsel Program 10:30 a.m. 12:00 p.m.

UNITED STATES NAVY MARINE CORPS COURT OF CRIMINAL APPEALS

JUDICIAL PROCEEDINGS PANEL REQUEST FOR INFORMATION SET # 6

Collateral Misconduct and Unsubstantiated Reports Issue DOD/JCS USARMY USAF USNAV USMC USCG

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

Chapter 2 Prisoners Legal Requirements and Rights CONFINEMENT REQUIREMENTS PRISONER STATUS

Department of Defense DIRECTIVE. SUBJECT: Release of Official Information in Litigation and Testimony by DoD Personnel as Witnesses

Judicial Proceedings Panel Subcommittee Site Visits

UNITED STATES MARINE CORPS MARINE CORPS BASE PSC BOX CAMP LEJEUNE, NORTH CAROLINA

COL Elizabeth Marotta - Special Victims Counsel Program Manager. January 2016

PCN DISTRIBUTION A: Approved for public release; distribution is unlimited

4. Board Membership. The following personnel are designated as Board members:

R E G I O N L E G A L S E R V I C E O F F I C E S O U T H W E S T

CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 16 MAY 2016

forwarded to Navy Personnel Command (NPC) for review because due to the mandatory processing status.

Article 93a Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust

ADVERTISED BILLETS. 2. TYPE BILLET: Drilling IMA. BILLET: Regional JA PMOS: 4402 LOCATION: Chicago, III LOC DATES: TBD

United States Coast Guard Annex

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

Department of Defense INSTRUCTION. SUBJECT: Compliance of DoD Members, Employees, and Family Members Outside the United States With Court Orders

Docket No: August 2003 Chairman, Board for Correction of Naval Records Secretary of the Navy RECORD 0

The Armed Forces Legal Assistance Program - Overview

Legal Assistance Practice Note

UNITED STATES MARINE CORPS

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

SECRETARY OF DEFENSE 1000 DEFENSE PENTAGON WASHINGTON, DC

DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3000 MARINE CORPS PENTAGON WASHINGTON DC

WRITTEN STATEMENT OF LIEUTENANT GENERAL FLORA D. DARPINO THE JUDGE ADVOCATE GENERAL, UNITED STATES ARMY FOR THE RESPONSE SYSTEMS PANEL

JUDICIAL PROCEEDINGS PANEL REPORT ON MILITARY DEFENSE COUNSEL RESOURCES AND EXPERIENCE IN SEXUAL ASSAULT CASES

DOD INSTRUCTION INVESTIGATIONS BY DOD COMPONENTS

Overview of the Armed Forces. Grant T. Swinger Thomas D. White, Jr. April 16, 2014

Soldiers Training Manual Paralegal Specialist

Encl: (1) Information for Walk-In Defense Counseling (2) Walk-in Counseling Roster (3) AdSep / NJP / Court-Martial Flowchart

Judicial Proceedings Panel 14 November 2014 Speaker Biographies

BY ORDER OF THE COMMANDER USFJ INSTRUCTION HEADQUARTERS, UNITED STATES FORCES, JAPAN 1 JUNE 2001 COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

Establishment of Special Victim Capabilities within the Military Departments to Respond to Allegations of Certain Special Victim Offenses

JUSTICE CHRONICLES REGION LEGAL SERVICE OFFICE SOUTHWEST. March Madness. In This Issue: LT Spenser D. Solis, RLSO SW. March Madness.

Maj Sameit HQMC, VWAP

SECNAVINST A JAG 20 4 Jan 2006

Judge Advocate Legal Services

DEPARTMENT OF THE NAVY SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE RM 309 WASHINGTON NAVY YARD DC

Department of Defense DIRECTIVE

Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and seventeen An Act

BUMEDINST A O R G A N I Z A T I O N A L M A N U A L. - BUMED is the Echelon II Headquarters of Navy Medicine.

VICTIMS LEGAL COUNSEL ORGANIZATION Feb 2016

R E G I O N L E G A L S E R V I C E O F F I C E N A V A L D I S T R I C T W A S H I N G T O N THE COUNSELOR

ADVERTISED BILLETS. 1. TYPE BILLET: Drilling IMA. APPLICATION DEADLINE: 6 March 2013

SEC UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE.

JUSTICE CHRONICLES. New SAPR Instruction REGION LEGAL SERVICE OFFICE SOUTHWEST. In This Issue:

Department of Defense INSTRUCTION

VICTIM AND WITNESS ASSISTANCE PROGRAM (VWAP)

August 7, 2014 Public Meeting of the Judicial Proceedings Panel

MSK Group, PC NOTICE O F PRIVACY PRACTICES Effective Date: December 30, 2015

Fact Sheet on United Kingdom (UK) Military Justice 1 (Corrected Copy - Changes Highlighted)

DOD INSTRUCTION ROLE AND RESPONSIBILITIES OF THE JOINT SERVICE COMMITTEE ON MILITARY JUSTICE (JSC)

COMPLIANCE WITH THIS PUBLICATION IS MANDATORY

Department of Defense DIRECTIVE

Transcription:

Report of The Staff Judge Advocate to the Commandant of the Marine Corps Presented to The American Bar Association Annual Meeting August 2017 New York City, New York

Table of Contents 1.0 Introduction... 1 2.0 Training... 1 3.0 Practice Areas... 2 3.1 Military Justice... 2 3.2 Operational Law... 2 3.3 Military Personnel Law and Policy... 2 3.4 Legal Assistance... 3 3.5 Ethics... 3 3.6 Civil & Administrative Law... 4 4.0 Changes to Our Practice... 4 4.1 National Defense Authorization Acts... 4 4.2 Marine Corps Judge Advocate Board... 4 5.0 Conclusion... 5

1.0 Introduction The mission of Marine Corps Legal Services is to provide efficient and appropriate legal advice and support to Commanders, Marines, Sailors, and their families in order to promote the readiness of the force and contribute to Marine Corps mission accomplishment. In accomplishing the legal services mission, Marine judge advocates fill two basic roles: Command Legal Advisor and Legal Service Support Provider. The mission of command legal advice is accomplished through the Staff Judge Advocate (SJA), who provides independent legal advice to Commanders on all issues, including military justice, operational law, and installation law. As a supporting arm, Legal Service Support Sections (LSSS) and Legal Service Support Teams (LSST) provide legal service support to commanders, individual Marines and Sailors, and their families. This general support includes military justice services (prosecution, defense, and courts-martial review), personal and family legal assistance, civil law/ethics, administrative law, and claims. The legal community is comprised of Marine judge advocates, Marine Legal Administration Officers (LAOs), and enlisted Marine Legal Services Specialists. This community also includes a small but important group of Civilian Marines who serve in attorney, paralegal, and other support positions. The Marine Corps Legal Services community is built to go where the Marine Corps goes, and must be ready to provide legal advice and support in any clime or place. 2.0 Training As part of the Marine Corps legal community s continuous effort to be the gold standard of legal service support within the Department of Defense, the Marine Corps places a premium on the professional development of our Marines. In the last academic year the Marine Corps provided funding for nine judge advocates to attend civilian law schools to obtain Master of Laws (LL.M.) degrees. An additional 15 judge advocates received their LL.M. from the Army s ABA accredited Judge Advocate General s Legal Center and School (TJAGLCS). In the upcoming academic year the Marine Corps anticipates sending five judge advocates to civilian schools and 20 to TJAGLCS in pursuit of their LL.M. Additionally, staff noncommissioned officers (SNCOs) may enroll in the Degree Completion Program (SNCODCP). The program provides SNCOs the opportunity to spend up to eighteen months to complete their undergraduate degree studies at an ABA approved paralegal studies program. In the last academic year, one SNCO completed their paralegal degree and two SNCOs are currently pursuing their degrees as part of this program. Upon graduation, these SNCOs may be assigned to either regional trial counsel or defense counsel teams to provide paralegal litigation support. In addition to pursuing advanced education, the Marine Corps provides its counsel and legal service specialists with formal training and trial preparation advice. For example, in February all Marine Corps prosecutors and defense attorneys attended separate week-long training courses designed to improve their litigation capability. 1

3.0 Practice Areas 3.1 Military Justice The purpose of military justice is to promote and assist in maintaining good order and discipline, promote efficiency and effectiveness in the Marine Corps, and thereby strengthen the national security of the United States. Members of the Marine Corps legal community serve within the following military justice areas of practice: prosecution, defense, court reporting, appellate representation, trial and appellate judiciary, post-trial review, and victims legal counsel. From January 1, 2017, to July 1, 2017, the Marine Corps held 66 general courts-martial (generally equivalent to felonies) and 91 special courts-martial (generally equivalent to misdemeanors). Of those 66 general courts-martial, 21 (32%) were contested and 17 (26%) resulted in full acquittals. Of the 91 special courts-martial, 27 (30%) were contested, with 16 (18%) full acquittals. During that same time period, the Marine Corps conducted 118 summary courts-martial. Summary courts-martial do not have a readily comparable judicial proceeding in the civilian world, but are generally used to adjudicate minor military offenses and are authorized to sentence a Marine or Sailor to 30 days in confinement. 3.2 Operational Law Operational law addresses the international laws, foreign (host nation) laws, and domestic laws, regulations, and policies that directly affect the planning and execution of U.S. military operations across the globe. While traditionally associated with areas such as the law of war and rules of engagement (ROE), operational law also encompasses divergent areas such as international human rights law; intelligence law; international agreements; national authority to execute operations; review of contingency / operational plans for compliance with statute and regulations; information and cyberspace operations; noncombatant evacuation operations (NEO); sea, air, and space law; humanitarian assistance and disaster relief operations; detainee and interrogation operations; foreign security assistance; domestic operations; foreign and deployment-related claims. Within the Marine Corps, international and operational law support is provided to commanders, their staffs, and their Marines by judge advocates in their role as command advisors. Additionally, Marine Corps attorneys specializing in operational and international law play a vital role in developing United States Marine Corps, Department of the Navy, and Department of Defense doctrinal publications. These attorneys also provide instruction to military and civilian audiences and liaison with foreign militaries and domestic and international non-government organizations. 3.3 Military Personnel Law and Policy Military personnel law and policy governs the actions and matters specified in Title 10, U.S. Code, relating to officer and enlisted active, reserve, and retired uniformed Service members of all grades. Such matters include, but are not limited to, policies and actions relating to 2

accessions, assignment and distribution, promotion (including Senate nominations and adverse promotion actions such as delay, withhold, and removal), separation (including retirements and involuntary administrative separation), and officer personnel actions and records related to misconduct and substandard performance. From January 1, 2017, to July 1, 2017, Judge Advocate Division, Headquarters Marine Corps, provided legal advice on over 971 issues involving military personnel law and policy, including 23 advisory opinions for the Board for Correction of Naval Records, 19 advisory opinions for the Performance Evaluation Review Board, written legal reviews for 15 enlisted administrative separations, and 12 written legal reviews of requests for Special Selection Boards. Additionally, Judge Advocate Division processed 133 officer misconduct cases for involuntary separation and conducted 76 screenings for adverse material involving Marines selected for promotion, command, education, and other personnel actions. 3.4 Legal Assistance Marine Corps legal assistance promotes increased readiness of service members and enhances the morale and quality of life for military personnel, dependents, and other eligible clientsthrough provision of free, high quality attorney advice, outreach programs, referral services, and vigorous preventive law activities. In the first three quarters of FY17, legal assistance attorneys and support staff assisted 14,836 individuals, providing them with 80,082 services that included notarizations and legal counseling in domestic relations matters, victim assistance, landlord/tenant issues, estate planning, consumer law, military rights and benefits (e.g., Servicemembers Civil Relief Act (SCRA)) and immigration and naturalization. The offices also prepared 27,835 legal documents. Specialized civilian legal assistance attorneys provided help in disability-related education matters to families enrolled in the Exceptional Family Member (EFM) Program. Legal Assistance offices at Marine Corps Recruit Depot Parris Island and Marine Corps Recruit Depot San Diego provided legal assistance support for the Expedited Recruit Naturalization Program which enables non-citizen recruits to begin naturalization processing at Boot Camp where most obtain their citizenship upon graduation. In the first three quarters of FY17, 523 recruits were naturalized at the Recruit Depots. For Tax Year 2016, Marine Corps Volunteer Income Tax Assistance (VITA) Tax Centers prepared and filed 51,333 federal and state returns, saving service members, retirees, and their families $6,406,814 in preparation and filing fees they would have paid had they used civilian tax preparers. 3.5 Ethics Ethics covers a variety of legal and regulatory requirements imposed upon the Marine Corps and its senior leaders by statute and regulation. Topic areas include financial conflicts of interest, gifts and payments, impartiality in performing official duties, use of government position and resources, outside employment and activities, post-government employment, support to nonfederal entities, financial disclosure requirements for senior Marine leaders, and fundraising by Marines. 3

3.6 Civil & Administrative Law Civil and administrative law encompasses the statutes, regulations, and judicial decisions pertaining to Marine Corps administration. Topic areas include command authority, access to military installations, use of command authority to regulate rights (speech, political activities, religion, etc.) on the installation, and authority off the installation. Other issues include service of process, civil litigation against the United States, government information practices (Freedom of Information Act (FOIA) and Privacy Act requests), extradition and immunity requests, complaints against military commanders, and the Navy s Rules of Professional Conduct for Marine Corps judge advocates. 4.0 Changes to Our Practice 4.1 National Defense Authorization Acts The FY14, FY15, FY16, and FY17 National Defense Authorization Acts (NDAA) have made significant changes to the Uniform Code of Military Justice (UCMJ). The NDAAs have changed victims rights in the military justice system to align more closely with federal civilian practice, including the ability to petition Courts of Criminal Appeals for writs of mandamus in certain instances. The FY17 NDAA included the Military Justice Act of 2016 (MJA 16). The MJA 16 created 37 new articles and revised 68 articles of the Uniform Code of Military Justice. The changes include new pre-referral subpoena authorities, pre-referral judicial authorities, a new special court-martial bench trial, fixed-member panels, segmented sentences, and significant post-trial revisions. The changes are expected to take effect no later than January 1, 2019. The Services are working on updating regulations, bench books, trial guides, and forms to meet the MJA 16 s requirements. A proposed executive order containing an entirely new Manual for Courts-Martial has been published in the Federal Register. The public comment period is open until September 11, 2017. Finally, the Services are working on a training plan to ensure the entire military legal community is aware of and practicing law in accordance with the new changes. 4.2 Marine Corps Judge Advocate Board Our senior Colonel Judge Advocates serve as Marine Corps Judge Advocate Board (MCJAB) Members and receive briefs from Operational Advisory Group (OAG) Leaders, who are generally Lieutenant Colonels, in order to analyze issues from the bottom up using this tried and proven OAG/Board Process. This OAG/Board Process draws from our experience and transfers knowledge and know-how across the Marine Corps in order to move our judge advocate community forward. The SJA to CMC has consistently reinforced that there is no stare decisis when it comes to any of the issues the Board considers. The Board makes decisions based on the current environment and resources available to our community. Upon conclusion of the MCJAB, the SJA to CMC reviews the topics, considers the recommendations of the Board and 4

makes informed decisions that endure for our community. By the end of FY17 forty-nine OAG topics will have been analyzed and decided upon. 5.0 Conclusion The Marine Corps legal community continues to provide timely, efficient, and appropriate legal advice and support to Commanders, Marines, Sailors, and their families to promote the readiness of the force. The legal community will continue to meet the high standards we have set to ensure accountability and outstanding legal support. 5