CAAFlog » Military Justice Reform » Defense Advisory Committee

Significant military justice event this week: The Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) will hold a public meeting this Friday, September 7, 2018 from 11:00 a.m. to 1:00 p.m., at One Liberty Center, 875 N Randolph Street, Suite 150, Arlington, Virginia 22203. Additional details about the meeting are available here.

This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court, where I’m tracking one case:

This week at CAAF: CAAF completed its oral argument calendar for the term. Details about the cases reviewed by CAAF this term are available on our 2017 Term of Court page.

The first oral argument of the 2018 term will occur on September 12, 2018, at the Keenan Ceremonial Courtroom, 500 Pearl Street, New York. The second will occur the following day, at the Fordham University School of Law in New York.

This week at the ACCA: The Army CCA will hear oral argument in one case this week, on Wednesday, September 5, 2018, at 10 a.m.:

United States v. Myer, No. 20160490

Issues:
I. Whether appellant was denied his Sixth Amendment right to effective assistance of counsel where defense counsel failed to reasonably investigate, present crucial evidence, and cross examine witnesses.

II. Whether Article 133 is unconstitutionally void for vaguesness as it applies to appellant’s conduct.

This week at the AFCCA: The Air Force CCA will hear oral argument in two cases this week. On Wednesday, September 5, 2018, at 10 a.m., the court will hear oral argument in United States v. Hyppolite, No. 39358. On Thursday, September 6, 2018, at 10 a.m., the court will hear oral argument in United States v. Seeto, No. 39247. The argument in Seeto will not be open to the public. No additional information is available on the CCA’s website.

This week at the CGCCA: The Coast Guard CCA will hear oral argument in one case this week, on Wednesday, September 6, 2018, at 10 a.m.:

United States v. Hernandez

Issue:
I. Whether the three specifications of the sole charge  were multiplicious where the three actions occurred nearly simultaneously, involved a single subject, and effectuated a single purpose?

The argument will occur in the United States Navy‐Marine Corps Court of Criminal Appeals Courtroom 1254 Charles Morris Street SE, Bldg. 58, Suite 320, Washington Navy Yard, DC 20374.

This week at the NMCCA: The Navy-Marine Corps CCA’s website shows no scheduled oral arguments.

A notice (available here) scheduled for publication in the Federal Register today announces a public meeting of the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) (CAAFlog page) on Friday, July 21, 2017, from 8:30 a.m. to 4:45 p.m., at One Liberty Center, 875 N. Randolph Street, Suite 1432, Arlington, Virginia.

This will be the third public meeting held by the DAC-IPAD. At this meeting, the Committee will receive a presentation on the mechanics of a sexual assault investigation from a representative of each Service’s military criminal investigation organization followed by a Committee strategic planning session.

The Federal Advisory Committee Act (FACA) provides a template for federal advisory committees, which are groups that provide advice and input to the federal government. Two such committees are the Response Systems to Adult Sexual Assault Crimes Panel (RSP) (CAAFlog page) and the Judicial Proceedings Panel (JPP) (CAAFlog page), both of which were mandated by the FY13 NDAA (discussed here).

The Military Justice Review Group (MJRG) (CAAFlog page), in contrast, is an internal DoD working group. Unlike FACA committees, the MJRG’s meetings and recommendations are not open to the public.

There is now a third FACA committee in this group: the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) (CAAFlog page).

The DAC-IPAD released its initial report on March 30th (available here). The report is largely a blueprint for how the committee will work, beginning with its purpose:

The authorizing legislation charges the Committee to execute three tasks over its five-year term:

1. To advise the Secretary of Defense on the investigation, prosecution, and defense of allegations of rape, forcible sodomy, sexual assault, and other sexual misconduct involving members of the Armed Forces;

2. To review, on an ongoing basis, cases involving allegations of sexual misconduct for purposes of providing advice to the Secretary of Defense; and

3. To submit an annual report to the Secretary of Defense and to the Committees on Armed Services of the Senate and the House of Representatives no later than March 30 of each year.

Report at 1. At the end of the report is the following paragraph outlining the anticipated scope of its review:

The members discussed the scope of the Committee’s mission, but the Committee has not yet determined what aspects of sexual misconduct and what types of cases it will examine. Some on the Committee did express interest in looking at cases involving children, but they recognized the substantial privacy concerns that must be considered. The Committee agreed it initially would concentrate exclusively on adult cases. The Committee chair expressed a primary interest in focusing on “how we can keep people in the Service without being sexually assaulted.”

Report at 18.