Here’s an interesting announcement sent to us by a friend o’CAAFlog.

13 Responses to “Navy JAG Corps creates Defense Counsel Assistance Program”

  1. Dew_Process says:

    Just don’t communicate via government email if you want any confidentiality.

  2. Anonymous says:

    So long as you encrypt and also use WinZip to password protect the content, I don’t believe it’s really an issue.

  3. Presley O'Bannon says:

    It would be interesting to see if this concept couild eventually be morphed into becoming a standing pool of miljus “experts” who could be then detailed/IMC’d to complex cases.

  4. John O'Connor says:

    I think this is a very positive development. I know when I summered at Code 46, they provided a TCAP-type assistance to truial counsel, and I also know that Code 45 provided (perhaps less formal) guidance to DCs in some high profile cases. It’s better, particularly on the defense side, to have advice coming from outside Code 45 because Code 45 often finds it useful to challenge the adequacy of the trial defense.

    I do think, however, that the promise of privileged communications will be a challenge, and arguably at odds with the concept that an accused is not defended by a defense office, but by a particular, assigned defense counsel. I could see conflict issues arising, particularly when multiple accuseds have different counsel and arguably conflicting interests.

    I hope this program sorts these things out in a useful way. I do think that more and better mentoring is a good thing, particularly given the tendency to assign new lawyers to the trial shops. I also think that, at least from my now-very-dated experience, local mentoring of trial and defense counsel is hit and miss and very personality driven. Recognizing this and providing some guidance on a more centralized basis would be a good thing.

  5. Anon says:

    I am curious…
    Navy now has a “One-Star-In-Waiting” who is touted as the senior “Military Justice Litigation Career Track Expert”. Why isn’t his signature on this document as well? Oh, that’s right, he’s the Assistant Judge Advocate General/Chief Judge of the Navy. Inappropriate for the head of the Judiciary to be affiliated with a purely defense or prosecution matter. So, what about the Assistant Judge Advocate General/Military Law? Oh, that’s right, he’s the USMC One-Star-In-Waiting and for a variety of reasons doesn’t get involved in court-martial operations. What the heck? Who is the adult leadership for court-martial matters among all these One-Stars-In-Waiting? Fear not – the Military Justice Litigation Career Track will save us!

  6. Anonymous says:

    Anon, what’s your point? The document came from the JAGs. Why is anyone else’s signature necessary? It seems like you’re just looking hard for something to criticize.

  7. Anon says:

    Since when can you encrypt on standard “issue” government computers – or, is this something unique to the Navy???

  8. Anon says:

    Yep, looking for something to criticize but in this case it isn’t very hard. Navy JAG took a rapidly diminishing practice area (military justice) and expended a whole lot of effort and political capital to create another flag billet that is redundant and unnecessary. And those who had the courage to point out the lack of clothes on the emperor were told to shut and get in line. Here we are year(s) later and what has been the “return on investment” from that decision? “Looking hard for comething to criticize’? No, just very frustrated….

  9. Donald Rumsfeld says:

    You go to court with the JAG Corps you have. Not the JAG Corps you might want or wish to have at a later time.

  10. Anonymous says:

    So based on your frustration with an unecessary Chief Judge position, you’re criticizing a new office that’s intended to provide a resource to defense counsel. Granted, they’re both miljus, but they seem like apples and oranges to me.

  11. Anonymous says:

    Agree with anon @ 1426. Why not criticize our policy in Afghanistan why you’re at it?

  12. Jason Grover says:

    First of all, I am thrilled they picked CAPT Chuck Purnell to head this, one of the plankowner experts on the MilJus Track. But your point is a good one, I am a big advocate of a “break-glass-in-case-of-emergency” type list for the big cases. What happens when a Fort Hood type shooting happens in the Navy? Who is detailed as MJ, TC, and DC? Does the Navy pick some of the most experienced folks around or just whoever is around? Not sure the JAG Corps has a good break-glass-in-case-of-emergency plan right now. But this DCAP move is a good one and CAPT Purnell and Appellate Defense are great choices to lead it.

  13. Michael Korte says:

    Amen, Donald. Amen.