Public access to CAAF’s website is restored and the court has posted this notice of an end-of-term reception at noon on Thursday, May 3, 2018.
CAAF’s annual CLE for 2018 will occur on March 7 – 8, 2018, at American University Washington College of Law, Claudio Grossman Hall, 4300 Nebraska Avenue, N.W., Washington, D.C. 20016.
Registration isn’t open yet, but will eventually be available here.
The Judge Advocates Association’s annual Jobs for JAGs event will occur on Thursday, November 30, 2017, at Jenner & Block, 601 13th St NW Fl 12, Washington, District of Columbia 20001. The event is planned to run from 8:30 a.m. to 5 p.m.
The event is anticipated to include:
Speakers in the private and federal sector, including corporate counsel, Senior Executive Service, and GS-14/15 attorneys.
Speakers with a wide range of military time before leaving for civilian positions, from junior officers who transitoned after a few years to senior officers who retired at the O-6 and flag levels
Federal job search panel
Resumes and interviewing for success
Catered box lunch at Jenner & Block
Lunchtime keynote speaker: Maj. Gen. (USA, Ret.) William “Bill” Suter (retired Army Deputy Judge Advocate General and retired Clerk of the United States Supreme Court)
How to become an Administrative Law Judge (ALJ)
Job hunting for law firm positions
Corporate counsel job searches
Reminder: The Fifth Annual Joint Appellate Advocacy Training is next week, Monday-Wednesday, September 18-20, 2017
Previously mentioned here, the 5th Annual Joint Appellate Advocacy Training will occur next week, Monday, September 18, at 8:00 AM – Wednesday, September 20, 4:30 PM, at Henderson Hall, Rosenthal Theater, Fort Myer-Henderson Hall, 1555 Southgate Road, Arlington VA 22214.
This training is free, approximately 13 hours of CLE (incl. 1 hour ethics) is anticipated, and no preregistration is required.
The agenda (with lodging information and directions) is available here.
CAAF’s oral argument schedule for the October 2017 Term is:
October 2017: 10, 11, 24, 25
November 2017: 7, 8, 28, 29
December 2017: 5, 6
January 2018: 9, 10, 23, 24
February 2018: 6, 7, 27, 28
March 2018: 20, 21
April 2018: 3, 4, 5, 10, 11, 12, 24, 25
May 2018: 1, 2, 22, 23
Additionally, the Clerk of the Court and Chief Deputy Clerk’s orientation session for new attorneys is scheduled for 9:30 a.m. on Tuesday, September 26, 2017.
The Regulations.gov folder includes a single, 636-page PDF titled Annex 1 & 2. Annex 1 is proposed revisions to the current MCM to take effect immediately upon promulgation by the President. Annex 2 is proposed revisions to take effect with the changes made by the MJA (anticipated to occur on January 1, 2019).
The Joint Service Committee is accepting public comments (including electronically at the Regulations.gov link above) and will hold a public meeting in August:
Comments on the proposed changes must be received no later than September 11, 2017. A public meeting for comments will be held on August 3, 2017, from 10 a.m. until noon, in the United States Court of Appeals for the Armed Forces building, 450 E Street, NW., Washington, DC 20442-0001. Commentators will be heard in order of arrival and check-in, and will be limited to five minutes.
I plan to both comment and attend the public meeting.
The Federal Register notice includes a request for comment on a specific proposed change to R.C.M. 1103A:
The Department of Defense also requests comments on a proposal by a Federal Advisory Committee, the Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (JPP). The JPP’s June 2017 report suggested that Rule for Courts-Martial 1103A as proposed by Annex 1 and Rule for Courts-Martial 1113 as proposed by Annex 2 be further revised to include the following: “Prior to a decision to permit examination of material described in this subparagraph, notice and an opportunity to be heard shall be given to any person whose records are about to be examined and to appellate counsel.” The report making that recommendation is available at http://jpp.whs.mil/Public/docs/08-Panel_Reports/07_JPP_VictimsAppRights_Report_Final_20170602.pdf. The Department invites public comment on the JPP’s proposal.
R.C.M. 1103A allows appellate authorities – including counsel for the Government divisions and the appellant – to examine sealed matters attached to a record of trial. These sealed matters could – under increasingly rare circumstances – include private information pertaining to an alleged victim (such as mental health records) that were reviewed in camera but not otherwise disclosed at trial.
Last year the Air Force Appellate Government Division asked CAAF to prevent appellate defense counsel from reviewing such material, but CAAF rebuffed the request (discussed here and here). The JSC then proposed changing the R.C.M. to prevent such review (noted here). I submitted a public comment (discussed here) opposing the change. The change persists in this new round of proposals, and the JSC does not offer any rationale for it.
Announcement posted here.
I’m passing along the following CLE/PME announcement. I have a schedule conflict and won’t be able to attend, but I highly recommend this training:
Tuesday, September 13, 2016 at 8:00 AM – Thursday, September 15, 2016 at 12:30 PM at the Rosenthal Theater – Fort Myer-Henderson Hall, 1555 Southgate Road, Arlington, VA 22214
The event is uniquely tailored for appellate government, defense and victims’ legal counsel. The training will consist of a series of lectures and collaborative discussions led by practitioners, jurists and educators from across the services and the legal community. The focus is on critical appellate legal issues and timely training to enhance the practice of appellate advocacy in our community.
Trial-level and Appellate Counsel, Judges, Federal practitioners and Educators are welcomed and encouraged to attend.
REGISTER (paste link in browser):
4th-annual-joint-appellate- advocacytraining-tickets- 27447314657?ref=enivtefor001& invite= MTA2NjM4OTkvdHJhY2V5LmhvbHRzaG lybGV5QG5hdnkubWlsLzA%3D&utm_ source=eb_email&utm_medium= email&utm_campaign= inviteformalv2&utm_term= eventimage&ref=enivtefor001# tickets
Approximately 12 hours of CLE (incl. 1 hour ethics) anticipated.
Uniform: Service “C” or khakis, or service equivalent. Civilians should wear appropriate business casual.
Next week, on Wednesday, July 13, 2016, from 1:00 PM – 2:00 PM EDT, the Young Lawyers Division of the American Bar Association will host a free webinar on the Bergdahl case:
Hero or Traitor?
An Overview of the Military Justice System and the Case For (and Against) the Prosecution of SGT Bowe Bergdahl
Join us on July 13 at 1 PM ET for this Free Webinar
While SGT Bowe Bergdahl’s return to the United States after nearly five years in captivity in Afghanistan was celebrated by some–including President Obama’s very public remarks from the Rose Garden upon his release–things began spiraling quickly for Bergdahl as allegations arose in the news media and through American’s most popular and talked about podcast, Serial, that shed a different light on the circumstances of his disappearance and time in captivity. Now Bergdahl finds himself standing trial before a U.S. Army court-martial. Tune in to hear military justice policy experts discuss the strengths and weaknesses of the government’s case, a primer on the military legal system, and how Bergdahl will–and is–defending himself against the government’s charges.
I am one of the presenters.
Here is a link to an ABA Standing Committee on Law and National Security announcement about a timely topic in light of the growing dispute between the US and China over freedom of navigation in the South China Sea, see eg here (Reuters). From the program announcement:
WASHINGTON, June 21, 2016 — The American Bar Association Standing Committee on Law and National Security will host a breakfast briefing featuring Vice Admiral James W. Crawford III, Judge Advocate General of the Navy, from 8 to 9 a.m. ET, Tuesday, June 28, at the University Club in Washington, D.C. . . . Vice Admiral Crawford will discuss China’s military buildup and other security threats to the unimpeded passage on the high seas for trade, fishing and oil exploration.
A reader pointed out that I wrongly reported the date of CAAF’s End of Term reception as Thursday, May 19.
The reception is on Thursday, May 12.
Additional details are available here.
The Judge Advocates Association has named its 2016 Outstanding Career Judge Advocate Award winners and will hold an awards dinner on May 19, 2016, at the Army Navy Country Club in Arlington, VA:
Additional details available here.
[Update: this event has been postponed due to weather issues. We will update the post and provide a link to the new flyer when it is available] On January 28, 2016, from 6:00 to 8:00 pm, there will be a panel discussion of DoD’s proposed military justice legislation resulting, in part, from the work of the Military Justice Review Group (MJRG). The panel is co-sponsored by the American Bar Association’s Standing Committee on Armed Forces Law, in cooperation with the ABA’s Standing Committee on Law and National Security, and the Judge Advocates Association. See details here.
I have not heard any postponement due to weather. [Update: Well that’s not true now.]
Location: Founders Room, Offices of Dentons US LLP, 1900 K Street, Washington DC, 20006
Moderator: The Honorable James Baker, former Chief Judge, U.S. Court of Appeals for the Armed Forces
- The Honorable Andrew Effron, former Director of the MJRG
- Col. William N. Pigott, Chair, DoD Joint Service Committee on Military Justice
- LtCol Julie Huygen, U.S. Air Force representative, Joint Service Committee on Military Justice
- COL Walt Hudson, U.S. Army representative, Joint Service Committee on Military Justice
- CAPT Warren A. Record, U.S. Navy representative, Joint Service Committee on Military Justice
There is no charge for this event, but the Committee asks that you please email Susan.Koz@americanbar.org to RSVP.