The April issue of the Army Lawyer, including Fred Borch’s Lore of the Corps essay on Army lawyers in Iran and Major Catherine L. Brantley’s article Spice, Bath Salts, Salvia Divinorum, and Huffing: A Judge Advocate’s Guide to Disposing of Designer Drug Cases in the Military, is now online here.

3 Responses to “April Army Lawyer online”

  1. k fischer says:

    I found the EAJA article interesting.  While it spoke about motions for attorney’s fees in contractor’s actions, has anyone ever heard a civilian defense counsel applying for fees after a Court Martial Acquittal or Article 32 dismissal in which the Government preferred on an extremely weak case? 

    If so, in what venue would one apply for fees?

    I represent Veterans in the US Court of Appeals for Veteran’s Claims, and when I get a remand, then I get my fees paid under the EAJA. 

    If criminal defense counsel can make an EAJA application for those crim law shops that prefer charges “just because” assuming it can be proven, then I wonder if that would persuade the military NOT to recommend preferring charges in a case that should never have been brought in the first place.

  2. Dwight Sullivan says:

    Military case law holds that EAJA fees aren’t available in the military justice system because such fees are available only in civil cases.  U.S. Navy-Marine Corps Court of Military Review v. Cheney, 29 M.J. 98, 103 (C.M.A. 1989).

    In the wake of the unsuccessful prosecution of four Navy SEALS for allegedly assaulting a detainee, Rep. Kay Granger (R-Tex.) introduced a bill that would have reimbursed servicemembers for legal fees incurred to hire civilian counsel where the defense ultimately prevails on all charges in cases “involving the treatment of an insurgent, enemy combatant, detainee, or a suspected or known terrorist,” as we discussed here:
    http://www.caaflog.com/2010/05/27/bill-introduced-to-reimburse-seals-for-the-cost-of-their-civilian-counsel/
     
    The bill attracted 34 co-sponsors and then died without action in a HASC subcommittee.

  3. k fischer says:

    Thanks, Sir. I am vaguely familiar with motions under the Hyde Amendment.  Would the Hyde Amendment apply at courts-martial?