Report of The Staff Judge Advocate to the Commandant of the Marine Corps Presented to The American Bar Association Annual Meeting August 2010, San Francisco CA

A Message from the Staff Judge Advocate to the Commandant of the Marine Corps

 

On behalf of the legal community of the U.S. Marine Corps, I am pleased to present this Annual Report to the American Bar Association (ABA), the Military Law Committee, and the Standing Committee for Armed Forces Law (SCAFL). 

 

It has been an eventful year of transition for the Marine Corps and our legal community.   As the focus of combat operations shifted from Iraq to Afghanistan, our operational law requirements continued to evolve.  Military justice, traditionally our primary legal mission, saw another year with a reduction in the number of general and special courts.  In addition, the continued high operational tempo contributed to a steady demand for legal assistance.  To meet these challenges, I have asked our Marine legal community to make a renewed commitment to gaining efficiency while we continue to improve the delivery of legal services to our Commanders, Marines, Sailors, and family members.   

 

This focus on efficiency led to a number of initiatives.  In February 2010, the Marine Corps adopted a new Case Management System (CMS).   For the Marine Corps, our new CMS represents the first mandatory, world-wide system to provide total transparency over the court-martial process from the date a request for legal services is submitted by a command to a law center, through all pre-trial and post-trial actions, until the case is docketed for appellate review at the Navy Marine Corps Court of Appeals.  In the six months since CMS was implemented,  we have seen a vast improvement in post-trial processing time across the Marine Corps. 

 

The Marine Corps has also recently instituted a new, formal inspection regime for the delivery of legal services at Marine Law Centers and Legal Services Support Sections.  This new regime allows commanding generals to use subject matter experts to conduct inspections of their local law centers to ensure the legal services provided meet our high standards.

 

In May 2010 we gained approval of our request to officially move the Marine Reserve Legal Services Support Section from Mobilization Command to the Judge Advocate Division at the Pentagon.  This move better integrates our reserve legal community into the total force and ensures that the judge advocates in the reserve component are placed in those positions where they are most needed.  The Marine Corps has also increased our recruiting mission to sixty new attorneys each year and we are holding two boards that will bring a number of former judge advocates back on active duty.  All of these initiatives augment our inventory of judge advocates and improve our ability to meet  our wartime commitments.   

 

As the Marine Corps continues to evolve and adapt to the challenges it will face in the next decade, our Marine legal community must also anticipate those challenges and adapt to meet them.  The one constant is the tremendous dedication our young Marines demonstrate every day in dealing with the multitude of complex legal issues that arise every day in support of Marine Corps forces around the globe.   As we go forward, the Marine legal community will continue to demonstrate the pride, professionalism, and dedication to excellence that are the hallmark of Marines everywhere.

 

 

 

                                                                              VAUGHN A. ARY

                                                                              Major General

                                                                              U.S. Marine Corps

 

Table of Contents

 

1.0      Introduction. 1

1.1     Judge Advocate Division (JAD) 2

2.0      Judge Advocate Support Branch (JAS) 3

2.1     Mission. 3

2.2     Personnel 3

2.3     Becoming a Judge Advocate. 4

2.4     Continuing Legal Education (CLE) and Advanced Training. 4

2.5     Law School Education Debt Subsidy (LSEDS) 4

2.6     Forward Deployed Judge Advocates. 5

2.7     Legal Administration Officers. 5

2.8     Enlisted Training and Support 5

2.9     Reserve Judge Advocates. 6

2.9.1       Judge Advocates and Legal Services. 6

2.9.2       Mobilization. 6

2.9.3       Management 6

2.9.4       Training. 6

3.0      Military Law Branch (JAM) 7

3.1     Mission. 7

3.2     Military Justice. 7

3.3     Joint Service Committee on Military Justice. 7

3.4     Victim Witness Assistance Program (VWAP) 8

3.5     Sexual Assault Policies. 8

3.6     Deployed Justice. 8

    3.7      Military Commissions………………………………………………………………………………………..8

    3.8     Trial Counsel Assistance Program and Share Point Website for Military Justice Practitioners……..……….9

4.0      International and Operational Law Branch (JAO) 10

4.1     Mission. 10

4.2     Judge Advocates and Operation Enduring Freedom... 10

4.3     Law of War Training. 10

5.0      Research and Civil Law Branch (JAR) 10

5.1     Mission. 10

6.0      Legal Assistance Policy Branch (JAL) 11

6.1  Mission…… …………………………………………………………………………………………………………...11

6.2     Wounded Warrior Attorney Program (WWAP) 11

6.3     2010 Tax Preparation and Filing. 11

6.4     Immigration. 12

6.5     Exceptional Family Member Program (EFMP) Attorneys. 12

6.6     Outside Resources. 12

7.0      Information, Plans and Programs Branch (JAI) 12

7.1     Mission. 12

7.2     Responsibilities. 12

7.3     The Judge Advocate Division Website. 13

7.4     Case Management System (CMS) 14

7.5     Navy Marine Corps Intranet (NMCI) Network. 14

 

 

1.0      Introduction

 

The Marine Corps legal community consists of Judge Advocates, Legal Administrative Officers and Legal Services Specialists.  While the Marines who fill these billets come from diverse and colorful backgrounds, all of them share the common desire to serve their country and make a difference with their lives in this world.  They were attracted to the Marine Corps by its simple promise, “Earned, Never Given.”  

 

Marine Corps Judge Advocates perform all manner of legal services.  In the field of military justice, they serve as prosecutors, defense counsel, military judges, appellate judges and appellate counsel for both the government and accused service members.  Marine Judge Advocates play a key role in ensuring the health of the force by helping Marines maintain personal legal readiness before deployments. Our judge advocates assist Marines with issues involving estate planning, domestic relations law, consumer law, tax law, property law, landlord and tenant law, debtor and creditor law, adoptions, and citizenship cases.  These services are offered not only to active duty service members, but also to dependent family members and military retirees. 

 

Marine lawyers also advise commanders during military operations, reviewing military operational plans and providing advice on the law of war, rules of engagement, and domestic law relating to the employment of force.  Other areas of practice include civil law, contract law, international law, claims, tort law, and labor law.  In addition, because Marine Corps Judge Advocates are unrestricted line officers, many serve in non-legal billets.  For example, a Marine Judge Advocate currently instructs Naval Reserve Officer Training Corps students at the University of Pennsylvania.  Additionally, six Marine judge advocates hold positions of command to include:  Commander, Marine Corps Base Camp Lejeune, battalion commands at Marine Corps Recruit Depot (MCRD) Parris Island, South Carolina, and MCRD San Diego, California, and command of Marine Security Guard companies in Fort Lauderdale, Florida and Frankfurt, Germany.  Most importantly, though, Marine Judge Advocates are trained to be problem solvers.  So no matter the issue, whether legal or operational, they can be relied upon to give valuable, candid and timely advice to any client, from young Marines needing legal assistance to seasoned commanders in combat.

 

Legal Administrative Officers, who come from our Warrant Officer ranks, provide review and guidance in administrative investigations, preliminary inquiries, and claims against the government.  Additionally, Legal Administrative Officers process many of our involuntary administrative separation cases, serve as recorders for administrative discharge boards, and serve as Foreign Claims Commissioners during deployments and exercises.  Our enlisted Legal Services Specialists’ responsibilities encompass every facet of legal administration.  The Legal Services Specialist’s general duties include the legal operational, managerial, clerical, and administrative duties incident to a law center.  The Legal Administrative Officers and Legal Services Specialists are the administrative backbone of our legal community.

 

 

.

 

1.1     Judge Advocate Division (JAD)

 

SJA to CMC

Deputy SJA to CMC

Legal Admin Officer

Legal Services Chief

JAA Judge Advocate Admin

JAL Legal Assistance

JAI Information, Plans and Programs

JAR Research and Civil Law

JAO International and Operational Law

JAM Military Justice

JAC Chief Defense Counsel of the Marine Corps

JAS Judge Advocate Support

JA-RES Reserve LSSS

 

JAD supports the SJA to CMC in performing his duties as a special assistant and legal advisor to the CMC, the occupational field manager for the 44XX Military Occupational Specialty, and the provider of legal services to headquarters staff agencies on all legal matters with exception of business and commercial activities, environmental law, and civilian personnel law, which fall under the cognizance of the Counsel for the CMC.  JAD is composed of the following branches:

 

Judge Advocate Support (JAS)	The Judge Advocate Support Branch assists the active duty judge advocate community as the occupational field sponsor.  JAS is the principal liaison with the Marine Corps’ Manpower Division for judge advocate staffing and personnel issues.
Military Justice (JAM)	The Military Justice Branch provides legal advice on military justice topics to the CMC, ACMC, Headquarters Marine Corps staff, and to SJA’s worldwide.
International Operational Law (JAO)	The International and Operational Law Branch provides legal advice to the CMC in his capacity as both a Service Chief and a member of the Joint Chiefs of Staff; to the Headquarters Marine Corps staff; and to SJA’s worldwide.  JAO focuses on operational and international law matters.
Civil Law (JAR)	The Research and Civil Law Branch provides legal advice to the Headquarters Marine Corps staff and SJA’s worldwide in all civil matters, and administers the Marine Corps ethics program and the Department of the Navy’s Professional Rules of Responsibility for Marine Corps judge advocates.
Legal Assistance (JAL)	The Legal Assistance Policy Branch implements and supervises the Marine Corps Legal Assistance Program, provides guidance Marine Corps-wide to legal assistance attorneys and staff, and disseminates legal assistance policies and procedures.
Information, Plans, and Programs (JAI)	The Information, Plans, and Programs Branch provides the information technology (IT) resources Marine Corps judge advocates need to accomplish their mission.  Major areas of responsibility include the maintenance of the JAD web site, the central purchase of law books and materials for field law libraries, and the provision of online legal research capability for all judge advocates.
Chief Defense Counsel of the Marine Corps (JAC)	The Chief Defense Counsel of the Marine Corps is responsible for the supervision, mentorship and training of judge advocates assigned to defense counsel billets throughout the Marine Corps.
Reserve Legal Services Support Section (JA-RES)	The Reserve Legal Services Support Section manages and provides support for reserve judge advocates, legal administrative officers and enlisted legal services specialists.

2.0     Judge Advocate Support Branch (JAS)

 

2.1  Mission

 

JAS serves as the occupational field sponsor for all active duty judge advocates (JA) and coordinates with the Marine Corps Manpower Division on staffing judge advocates throughout the Marine Corps.  JAS also provides information and guidance to the judge advocate community on issues such as career progression, assignments, promotions, continuing legal education and advanced degree programs, Law School Education Debt Subsidy (LSEDS), promotions, command slating, and selection board membership.  Additionally, JAS supports the annual Marine Corps SJA Conference, and SJA to CMC inspections of all Marine Corps law centers under Article 6 of the Uniform Code of Military Justice. 

 

2.2  Personnel

 

While the total number fluctuates, there are currently 443 active duty judge advocates in the Marine Corps.  The highest ranking judge advocate is currently a major general and he carries the title of SJA to CMC.  Additionally, there are 17 warrant officers that serve as legal administrative officers and 554 enlisted Marines that serve as legal support specialists and court reporters.  These Marines serve at installations throughout the United States and overseas, with the largest concentrations on the East and West Coasts and in Okinawa, Japan. 

 

Active Duty JA’s	Reserve JA’s	Warrant Officers	Enlisted Marines
443	385	17	554

 

In 2009, the Marine Corps increased accessions of law students and currently contracts approximately 60 judge advocates per year from civilian law schools and private practice through routine recruiting channels.  Additionally, up to 10 judge advocates are contracted yearly from the active duty officer population through the Marine Corps Law Education Programs.  The Marine Corps Recruiting Command uses a highly competitive board process to screen all applicants and select only the most qualified.  Applicants come from diverse backgrounds but can generally be described as coming from first or second tier ABA accredited law schools and having an average LSAT score above the 80th percentile of all scores. In 2010, the Marine Corps also held the first of two scheduled return to active duty (RAD) boards to bring back former judge advocates or former officers who had gotten out to pursue a law degree.  The Board selected six officers for RAD.  The second board is planned for August 2010.   

 

2.3  Becoming a Judge Advocate

 

Once selected by the Marine Corps Recruiting Command, officer candidates must undergo a lengthy, four-step process to become a Marine Corps judge advocate.  First, future judge advocates must attend Officer Candidate School (OCS) in Quantico, Virginia.  This strenuous ten-week course is designed to test a candidate’s leadership and physical abilities.  Successful completion of OCS is required before receiving a commission as a Marine Second Lieutenant.  Second, all Marine Corps officers attend The Basic School (TBS), also located in Quantico, Virginia.  Prospective Marine judge advocates attend TBS upon completion of OCS and successfully passing the bar examination of any state.  Unlike our sister services, Marine Corps officers are unrestricted line officers and are regularly called upon to perform duties outside of the law.  The Basic School is a demanding six-month program that provides each lieutenant the foundation to be an infantry platoon commander.  Third, each judge advocate must complete the ten-week Basic Lawyer Course at the Naval Justice School (NJS) in Newport, Rhode Island.  While attending this course, judge advocates focus on legal assistance, administrative law, and military trial advocacy.  Finally, each judge advocate must successfully complete the Basic Operational Law Training (BOLT) course.  BOLT provides judge advocates one week of training in operational and international law.  Successful completion of OCS, TBS, the Basic Lawyer Course, and BOLT culminates in designation as a Marine judge advocate.

 

2.4  Continuing Legal Education (CLE) and Advanced Training

 

CLE and other training opportunities are plentiful for judge advocates throughout their careers.  In addition to a myriad of courses offered by each of the service judge advocate schools, HQMC provides funds for judge advocates to attend various civilian CLE courses.  The Marine Corps also sends up to fifteen judge advocates per year to school to obtain a Master of Laws (LL.M.) degree.  Students may receive their LL.M. from either the Army’s Judge Advocate General’s Legal Center and School or from civilian law schools.  In the last several years, Marine judge advocates have received advanced degrees from Georgetown University School of Law, George Washington University School of Law, the University of San Diego School of Law, and the Harvard University School of Law.  In addition to advanced legal courses, judge advocates also have the opportunity to attend advanced military studies courses every year, such as the Expeditionary Warfare School, the Command and Staff College, one of the four services War Colleges, or various military fellowships.

 

2.5  Law School Education Debt Subsidy (LSEDS)

 

LSEDS went into effect during 2003 and has been approved for its eighth year.  Judge advocates that have completed their initial active duty obligation are eligible to apply.  The total authorized amount of LSEDS is $30,000 per judge advocate, to be paid in yearly installments of $10,000.  Officers accepting LSEDS incur a three-year commitment.  The utilization of LSEDS assists the Marine Corps in retaining experienced judge advocates and reduces the number of yearly accessions and associated training costs. 

 

2.6  Forward Deployed Judge Advocates

 

The majority of the judge advocates that are forward deployed are serving in support of Overseas Contingency Operations.  Contingency operations have created a tremendous challenge for the Marine Corps legal community, with judge advocates currently serving in Afghanistan, Djibouti and Cuba.  In addition to the judge advocates that are permanently assigned to deploying Marine Corps forces, there is a significant requirement for individual augments (IA) to provide additional legal services to various units throughout the Department of Defense.  Marine Corps judge advocates currently serve as IA’s with the Combined Forces Command Afghanistan, Combined Joint Task Force-Horn of Africa, Joint Task Force Guantanamo Bay and Task Force 434.  While there has been no shortage of active duty volunteers, IA billets are also being filled with volunteers from the Marine Corps Reserve. 

 

2.7  Legal Administration Officers

 

Legal Administrative Officers (LOA), who come from the Warrant Officer ranks, are our primary law office managers and provide review and guidance in administrative investigations, preliminary inquiries, and claims against the government.  Legal Administrative Officers process most involuntary administrative separation cases, serve as recorders for administrative discharge boards, and serve as Foreign Claims Commissioners during deployments and exercises.

 

As law office managers/legal administrators, LOA’s prepare and monitor internal budgets, property acquisitions and fiscal related matters; supervise the procurement, maintenance, and deployment of all legal specific software and hardware requirements; monitor and update library resources; and work closely with the senior enlisted paralegals on assignments and training of enlisted Marines.

 

Legal Administrative Officers are active members of the Association of Legal Administrators (ALA) and the International Legal Technology Association (ILTA). 

 

2.8  Enlisted Training and Support

 

Legal Services Specialist Course	Basic legal services specialists are currently trained at the Naval Justice School (NJS), Newport, RI, alongside our judge advocates.  Four Legal Services Specialist Courses are conducted annually at NJS.
Court Reporting	The Marine Corps is transitioning from stenography to speech recognition for court reporting.  The speech recognition course is held at Naval Justice School, Newport, RI and utilizes Dragon Naturally Speaking Professional speech recognition software.
Other Technology	Computer technology is being used to enhance the capabilities of the enlisted legal community.  The use of web-based technology or interactive CDs results in faster responses to deployed Marines in time critical situations.

 

2.9  Reserve Judge Advocates

 

2.9.1Judge Advocates and Legal Services

 

There are currently a total of 385 judge advocates in the Marine Corps Reserve.  The Legal Services Support Section of the Marine Forces Reserve manages reserve legal services. 

Reserve judge advocates serve in diverse assignments such as: general/special courts-martial judges; regional defense counsel; appellate defense/government counsel; defense/government counsel at the Office of Military Commissions (OMC) and action officers in the various branches of the Department of Defense.  They also support the Office of Counsel for the Commandant of the Marine Corps in specialized practice areas including environmental law, land use, civilian personnel law, procurement and fiscal law, and government ethics.  Reserve judge advocates also instruct other judge advocates and commanders on international law and the law of war, and serve as instructors at the Naval Justice School (NJS) and the Defense Institute of International Legal Studies.

 

2.9.2Mobilization

 

The mobilized judge advocates serve in legal billets with various commands including U.S. Central Command, Marine Forces Pacific, Joint Task Force Horn of Africa, Assistant Secretary of the Navy, Headquarters, U.S. Marine Corps, the former Coalition Provisional Authority, and in other non-legal billets such as executive officer, plans officer, liaison officer, action officer, operations officer, watch officer, adjutant, engineer, and counter-intelligence officer.  Reserve members are typically mobilized for a six or twelve month period of active-duty service.

 

2.9.3Management

 

The demand for legal expertise in the Marine Corps has grown continually over the last decade, with current operations requiring significant support from the reserve judge advocate community.  More judge advocates are needed to fill critical billets, and specialty training is a greater priority.  The complexity of coordinating this diverse community resulted in the creation of a program to manage the entire reserve legal community.  The Legal Services Support Section (LSSS) of the Marine Forces Reserve, a force-level command, was created to bring all reserve judge advocates, legal administrative officers, and enlisted legal services specialists under one reserve organization.  The LSSS provides centrally managed administration, command, and control of reserve legal services, and is now co-located with the Judge Advocate Division at Headquarters Marine Corps.

 

 

2.9.4Training

 

During the last fiscal year, more than 24 law-related training courses were offered to reserve judge advocates.  These courses are in addition to a semi-annual Reserve Naval Lawyer Refresher Course held at NJS, Newport, Rhode Island.  Courses are also available each year at NJS to train new judge advocates.

3.0     Military Law Branch (JAM)

 

3.1     Mission

 

Judge Advocate Division’s Military Law Branch (JAM) provides legal advice on military justice topics to the Commandant of the Marine Corps, Headquarters Marine Corps staff, and all Marine Corps commands worldwide.  This includes a variety of tasks such as performing a legal review of all involuntary separation proceedings of officers; screening officer promotion boards; representing the Marine Corps legal community on joint service committees; conducting the legal review of officer promotion delays or withholds; reviewing and commenting on Board for Correction of Naval Record cases; reviewing and drafting legislation affecting the Marine Corps; and reviewing orders and regulations.  JAM also oversees the Victim Witness Assistance Program (VWAP) for the Staff Judge Advocate to the Commandant in his role as the responsible official for VWAP for the U.S. Marine Corps. 

 

3.2     Military Justice

 

Military Justice continues to be one of the busiest areas in the practice of military law for Marine judge advocates.  The following chart reflects military justice statistics for the Marine Corps for the last eight fiscal years:

 

 

Commanders are continuing to dispose of their disciplinary cases through forums other than general or special courts-martial to speed adjudication.

 

3.3     Joint Service Committee on Military Justice

 

The purpose of the Joint Service Committee (JSC) on Military Justice is to assist the President in fulfilling his responsibilities under the Uniform Code of Military Justice (UCMJ) and to satisfy the requirements of Executive Order 12473 by reviewing the Manual for Courts-Martial (MCM) annually.  As appropriate, the JSC proposes legislation amending the UCMJ to keep pace with changes in Federal and military criminal law.  The JAM Branch Head is the Marine Corps’ representative to the JSC’s Military Justice Voting Group.  The Chairmanship of the JSC rotates every two years; Chairmanship currently rests with the U.S. Navy.  The JAM Deputy Branch Head serves as the Marine Corps representative of the JSC Working Group.    

 

3.4   Victim Witness Assistance Program (VWAP)

 

In 2009 JAM renewed its commitment to providing a professional, accessible and visible framework for the delivery of services and support to victims and witnesses of crime.  In early June 2010, the SJA to CMC sponsored the first ever USMC VWAP Training Conference, hosted by JAM and attended by VWAP representatives from every Marine Base.  Additionally, JAM secured funding from the Department of Justice (DOJ) to provide training for Marine VWAP personnel around the Marine Corps.

 

3.5   Sexual Assault Policies

 

JAM continues to be actively involved in assisting Headquarters Marine Corps in developing policy and advising and training judge advocates with respect to the prevention and response to allegations of sexual assault.  The policy focuses primarily on providing a robust support system for victims of sexual assault in the DoD.  The JAM Deputy Branch Head serves as the designated judge advocate for the Marine Corps Sexual Assault Prevention and Response (SAPR) Office.  JAM has three upcoming mobile CLE trainings scheduled for prosecutors and investigators one each on the East Coast, West Coast and in the Pacific.  The CLEs will feature 2 nationally recognized civilian experts and instructors from JAM, Navy OJAG (Code 20), the Naval Justice School, and NCIS.  JAM also has other initiatives to improve our sexual assault litigation proficiency underway, including, co-sponsoring a course on alcohol facilitated sexual assault at the Naval Justice School in August 2010 and performing a case review of completed sexual assault cases to develop lessons learned and best practices with Navy OJAG (Code 20), among others.

 

3.6   Deployed Justice

 

Marine judge advocates are deployed in military justice billets throughout the world in support of combat and contingency operations.  These Marines are serving in a variety of billets including Staff Judge Advocates to the major Marine Corps commands, trial and defense counsel, and as military judges.  General and special courts-martial are routinely held in theatre, demonstrating that the UCMJ is sufficiently flexible to provide for justice in an expeditionary environment. 

 

3.7   Military Commissions

 

In 2009 and 2010, following the enactment of the Military Commissions Act of 2009, JAM provided military justice expertise to assist in the development of the Manual for Military Commissions with experts from the other Services.  The manual was signed by the Secretary of Defense on April 27, 2010.  In addition, Marine judge advocates and paralegals continue to support the Office of Military Commissions, and a representative of JAM has been nominated to act as a special staff attorney for Military Commissions. 

 

 

 

3.8   Trial Counsel Assistance Program and Share Point Website for Military Justice Practitioners

 

JAM also initiated a Marine Corps Trial Counsel Assistance Program (TCAP) headed by a field grade military justice expert and modeled after the Army JAG Corps TCAP.  This initiative contemplates future augmentation by 3 regional trial counsel field grade military justice litigation experts and a civilian sexual assault litigation expert.  The TCAP personnel at JAM develop and provide training, litigation resources and on-call advice and mentoring for prosecutors across the Marine Corps.  The regional trial counsel will provide local training, mentoring, advice and be available to try complex or serious, high profile cases upon demand.  Additionally, JAM launched a Share Point website in December 2009 to provide military justice supervisors and prosecutors with web access to TCAP pleadings, motions, legal advice, news and blog forum, along with numerous other standardized military justice forms and resources for staff judge advocates.  A snapshot of the website is provided here:

 

 

 

 

 

 

4.0     International and Operational Law Branch (JAO) 

 

4.1  Mission

 

The International and Operational Law Branch (JAO) provides advice to the Commandant of the Marine Corps in his capacity as both a Service Chief and as a member of the Joint Chiefs of Staff; to the Headquarters Marine Corps staff; and to Marine judge advocates worldwide.  JAO also provides service input to the Office of the Secretary of Defense and the Joint Staff and participates as a standing member of the Department of Defense Law of War Working Group.  JAO focuses on international and operational law matters such as the law of war, detention operations, rules of engagement, domestic operational law, law of the sea, non-lethal weapons, treaties, and international agreements.  JAO also coordinates worldwide law of war training conducted by the Law of War Detachment, which is staffed by reserve judge advocates. 

 

4.2  Judge Advocates and Operation Enduring Freedom

 

Judge advocates continue to serve at all operational levels in support of Operation Enduring Freedom.  From Force headquarters in Afghanistan, to infantry battalions conducting all phases of armed conflict, operational lawyers remain fully integrated in operational planning, providing advice to commanders, staff, Marines, and, in some cases, their host-nation counterparts.  The spectrum of legal advice Marine judge advocates must be prepared to address ranges from international and operational law and rules of engagement, to a myriad of other legal issues that arise in a deployed environment, such as legal assistance, military justice, and civil affairs and rule of law operations.

 

4.3  Law of War Training

 

The Marine Corps continues to emphasize law of war training.  Law of war training begins at boot camp and Officer Candidates School, and continues at follow-on schools, before each deployment, and in theater during operations.  In addition, leaders and commanders receive specialized training at law of war seminars, and all judge advocates receive additional Basic Operational Law Training (BOLT).  In addition to this training, deployed Marine judge advocates are required to participate in additional in-depth supplemental training, which focuses on specific issues encountered in the deployed environment.  It includes training in applicable international and operational law including the law of war, detainee treatment and rules of engagement, among other subjects. 

 

5.0     Research and Civil Law Branch (JAR)

 

5.1  Mission

 

The Research and Civil Law Branch (JAR) provides legal advice to the Headquarters Marine Corps staff and Marine Corps commands worldwide.  JAR’s major area of responsibility is all administrative and civil law issues, including military personnel law for the Marine Corps and Marine Corps Reserve as it pertains to accessions, promotions, separations, retirements, mobilization, education, training, and disciplinary and administrative actions; legislative and regulatory law relating to reviewing and drafting legislation and regulations affecting the Marine Corps; and the release and production of Government documents in response to Freedom of Information Act and Privacy Act requests.  The branch also administers the Marine Corps Government Ethics program on behalf of the Staff Judge Advocate as Deputy Designated Agency Ethics Official and as Rules Counsel under the Department of the Navy’s Professional Rules of Responsibility for Marine Corps judge advocates.  The branch works very closely with its counterparts in the Navy Judge Advocate General’s Administrative Law Division and coordinates Marine Corps support for civil litigation and claims with the Office of the Judge Advocate General’s Claims, Investigations, and Tort Litigation Division, and with the General Litigation Division and U.S. Department of Justice.

 

6.0     Legal Assistance Policy Branch (JAL)

 

6.1  Mission

 

The mission of JAL is to implement and supervise the Marine Corps Legal Assistance Program, to provide Corps-wide guidance to legal assistance attorneys and staff, to disseminate legal assistance policies and procedures, to foster communications and inspect the effectiveness of legal assistance programs, and to assist and advise the SJA to CMC on all legal assistance policies, procedures and related matters.  Additionally, JAL is responsible for oversight of all Marine Corps legal assistance offices.  Marine Corps legal assistance offices provide legal assistance services and advice to active duty service members, military retirees, qualified civilian employees overseas, and their families in such areas as family law, estate planning (wills, powers of attorney, advanced health care directives, etc.), consumer law, Service Member Civil Relief Act (SCRA) issues, and assistance with pre-deployment legal issues, as well as training to both servicemembers and civilians through command briefs, instruction at formal schools,  and state law specific regional symposiums.

 

6.2  Wounded Warrior Attorney Program (WWAP)

 

The National Defense Authorization Acts of 2008 and 2009 mandated government legal counsel be available to Wounded, Ill, or Injured (WII) servicemembers undergoing evaluations at medical boards.  In response to this mandate, the Marine Corps mobilized four reserve judge advocate billets to provide these services.  To meet a growing need for judge advocate assistance in the Disability Evaluation System (DES), JAD is working with Wounded Warrior Regiment (WWR) to obtain authorization for permanent civilian attorney structure to provide these valuable services.  Additionally, JAD also requested active duty permanent structure billets through the Capability Assessment Review.  If both initiatives are approved, the Marine Corps will have strategically placed DES attorneys, providing assistance for the approximately 2400 Marines processed through the DES each year.

 

6.3  2010 Tax Preparation and Filing

 

In 2010, the Marine Corps legal assistance program estimated that it prepared and filed more than 73,600 Federal and state tax returns for the clients of the Volunteer Income Tax Assistance (VITA) program.  The tax program saved Marines and their family members approximately $7.4 million in tax preparation and filing fees and operated twenty (20) tax centers world-wide. 

 

6.4  Immigration

 

All legal assistance offices world-wide provide assistance to servicemembers with the preparation and filing of the United States Citizenship and Immigration Services’ Application for Naturalization, form N-400.  Additionally, the two regional offices located at Camp Pendleton, California, and Camp Lejeune, North Carolina, provide full service family and dependent immigration support as well as assistance with VISA issues. 

 

6.5  Exceptional Family Member Program (EFMP) Attorneys

 

The Marine Corps employs two Exceptional Family Member (EFMP) attorneys at the regional legal assistance offices to assist servicemembers and their families with EFMP issues.  The EFMP is a Marine Corps program supporting active duty servicemembers with a family member with special medical or educational needs.  The EFMP attorneys provide legal advice on state and federal education law, including the Individuals with Disabilities Education Act (IDEA), and related disability laws and regulations benefiting individuals with special needs.  The attorneys are also able to assist by advocating and litigating procedural and substantive education and related disability law issues before non-DOD schools, administrative forums, including due process hearings, and, if necessary, state and federal courts.

 

6.6  Outside Resources

 

JAL continues to coordinate with many outside agencies, including the Department of Justice Civil Rights Division on SCRA enforcement issues, the ABA Military Pro-Bono Project, and ABA’s Standing Committee on Legal Assistance for Military Personnel (LAMP).

 

7.0     Information, Plans and Programs Branch (JAI)

 

7.1     Mission

 

The Information, Plans and Program (JAI) Branch provides the knowledge resources Marine Corps judge advocates need to accomplish their mission.  JAI provides the best and most current Information Technology (IT) available to train and equip the Marine Corps legal community. 

 

7.2     Responsibilities

 

JAI’s major areas of responsibility include the overall management and definition of all major IT activities and the day-to-day IT operations of JAD.  JAI maintains the IT infrastructure including information assurance, security, Local Area Networks (LANs) and Internet operations with the assistance of NMCI, C4 and ARI.  Additionally, JAI oversees the analysis, design, implementation, and life- cycle management of military law practice specific software applications.  JAI maintains the SJA to CMC Website, liaisons with vendors for IT procurement purposes, monitors contractor performance and ensures products and services meet requirements.  

 

7.3     The Judge Advocate Division Website

 

The JAD SharePoint site contains a collection of Judge Advocate experiences, ideas, data, and processes blended into accessible and usable information via the web.  Each branch within JAD has a web page that contains brief and template banks, easily accessed indexes to attorney information, executive and administrative interpretations, and other relevant sources of information.  The JAD web site is accessed from http://www.marines.mil/unit/judgeadvocate/Pages/home/SJA_to_the_CMC.aspx

 

 

7.4     Case Management System (CMS)

 

The Case Management System (CMS) maintained by JAI is an on-line system that enables the accurate tracking and reporting of Marine criminal cases at every stage in the pre-trial and post-trial process. The CMS allows staff judge advocates and officers-in-charge of law centers to view cases from start to finish and run searches of relevant data elements as needed.  In addition, the CMS gives the SJA to the CMC the much needed ability to supervise the handling of military justice cases at every stage to ensure these cases are handled in an appropriate and timely manner.   

 

7.5     Navy Marine Corps Intranet (NMCI) Network

 

JAI coordinates NMCI issues relating to hardware and software, mapping users to NMCI printers and shared drives.  JAI assigns user assets in NMCI databases, submits Move, Add, Change (MAC) requests for HQMC inbound and outbound Marines.  JAI submits DADMS questionnaires to the Department of Navy Functional Area Manager (FAM) with the Office of General Counsel for approval to install software on the NMCI network, IT Procurement Waivers for hardware and software purchase approvals, and Application Security Plans (ASP) for approval to operate and connect (ATO/ATC) to NMCI and MCEN  networks.