New Military Law Review issue, continued
The issue starts with two articles discussing the problem of servicemembers with PTSD who engage in misconduct losing their eligibility for treatment as the result of administrative separation. MAJ Tiffany M. Chapman, Leave No Soldier Behind: Ensuring Access to Health Care for PTSD-Afflicted Veterans, 204 Mil. L. Rev. 1 (2010); Vanessa Baehr-Jones, A “Catch-22″ for Mentally-Ill Military Defendants: Plea-Bargaining Away Mental Health Benefits, 204 Mil. L. Rev. 51 (2010).
This article argues for an amendment to R.C.M. 912(d) guaranteeing a right to counsel-conducted voir dire. MAJ Ann B. Ching, Who Questions the Questioners? Reforming the Voir Dire Process in Courts-Martial, 204 Mil. L. Rev. 182 (2010).
Here’s a link to an article arguing that the MCM should be amended to provide a party seeking a military judge’s disqualification with the right to have a denial of such a motion reconsidered by a different military judge. MAJ Steve D. Berlin, Clearing the High Hurdle of Judicial Recusal: Reforming RCM 902(a), 204 Mil. L. Rev. 223 (2010).
Here’s a link to a wonderful article about the importance of reading for military lawyers, including many recommendations of books we should read. LTC Jeff Bovarnick, Read Any Good (Professional) Books Lately?: A Suggested Professional Reading Program for Judge Advocates, 204 Mil. L. Rev. 260 (2010).
Here’s a link to the Clausen Lecture on handling high-profile cases. Thomas W. Taylor, The Fifteenth Hugh J. Clausen Lecture in Leadership: Leadership in High Profile Cases, 204 Mil. L. Rev. 343 (2010).
LTC Bovarnick wrote a terrific, conversation-starting article. I’m glad I read it.
Now, to correct a glaring omission: the reading list of any lawyer, including — especially? — a JAG, must feature prominently the stories of the Old Bailey hack, Horace Rumpole, by John Mortimer.
Mortimer was himself a barrister, after he was an actor, Communist, and war propagandist, but before he became a screenwriter and author. He hated censorship and prudishness and loved wine and being English. He defended all comers, married two different women named Penelope, and is the father of the actress Emily Mortimer. He was also favorite of my dad, who was a JAG in Europe when the Rumpole television programs first aired.
Nice argument by MAJ Ching, but it’s not going to happen in MILJUS. Cousnel already are allowed to ask questions in individual voir dire – the time and place where members feel more comfortable being totally honest and open about their biases, and where judges give counbel the most rope. Group woir dire too often deteriorates into counsel trying to advocate their positions and thsi is an inappropriate use of the voir dire process. thsi is why so many MJs take over the group process.