CAAFlog » CLE/Events

The 6th annual Joint Appellate Advocacy Training is two and a half days of training provided by appellate experts, with breakout sessions for government, defense, and victims counsel. It will occur next week, Tuesday – Thursday, September 18-20, 2018 at Rosenthal Theater, Fort Myer-Henderson Hall in Arlington, VA.

All interested civilian attorneys, judge advocates and paralegals are invited to attend. Registration is free and will occur at the door. CLE credit may be available.

Here is the current agenda (subject to change) (updated) and here is a map that might help you get there.

CAAF’s 2018 orientation session is scheduled for Tuesday, September 25, 2018, at 9:20 a.m. (link to notice):

To assist new appellate counsel in their practice before the Court, as well as any others who desire to attend, Mr. David Anderson, the Chief Deputy Clerk, and I will be offering an orientation session on Tuesday, September 25, 2018, at 0930 in the courtroom of the U.S. Court of Appeals for the Armed Forces, 450 E Street, NW, Washington, DC.

Topics will include the Court’s Rules of Practice and Procedure, bar admission, drafting and filing of pleadings, the petition process, electronic filing, the Court’s website, Project Outreach, and a question and answer session.

To assist us with planning and providing for sufficient handouts, I would appreciate it if you would contact my paralegal, Ellen Rambo-Wilson at (202) 761- 7364, with the number attending from your division by Friday, September 21, 2018.

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.

You can register here. Additional details here.

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.

Register here.

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

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 Fifth Annual Joint Appellate Advocacy Training is scheduled for September 18-20, 2017, at Joint Base Myer-Henderson Hall, Arlington VA.

I plan to attend.

The DoD has formally published the proposed changes to the MCM necessary to implement the Military Justice Act of 2016 (previously discussed here).

The Federal Register notice is available here.

The folder is available here.

The 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 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​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):

Approximately 12 hours of CLE (incl. 1 hour ethics) anticipated.

Uniform: Service “C” or khakis, or service equivalent.  Civilians should wear appropriate business casual.

Contact: Mr. Brian Keller, (202) 685-7682,, or Major Tracey Holtshirley, (202) 685-8384,

View Map <,+Arlington,+VA+22214+United+States&hl=en>

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.

Register here:

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.