Block II Flashcards
Introduction to Legal Practice & Professional Communication
Judge Advocate General’s Department was established
25 January 1949, GO No. 7
Judge Advocate General’s Department Reserve
13 July 1949, GO No. 49
AFPD 51-1
Air Force Policy Directive: “The Air Force Judge Advocate General’s Corps” TJAGC is composed of TJAG, DJAG, SES, commissioned AFSC 51J, enlisted AFSC 5J, assigned civilians
TJAG
The Judge Advocate General: senior uniformed AF attorney oversees the provision of legal services. 3-star appointed by the President.
DJAG
Deputy Judge Advocate General: assists TJAG and oversees military justice, international law, operational law, and civil law. 2-star appointed by the President.
SEA
Senior Enlisted Advisor: CMSgt selected by the TJAG to oversees the paralegal force for a four-year controlled tour. First SEA appointed CMSgt Steve Swigonski in September 1970.
SEA Title Progression
Special Assistant
Senior Enlisted Advisor
Senior Paralegal Manager
back to Senior Enlisted Advisor
SJA
Staff Judge Advocate: the senior Judge Advocate on a commander’s staff. Duties: advise on discipline, legal advise to Security Forces, advise on all investigations.
Acts as the AF liaison with the US Attorney and other legal departments, agencies and judicial bodies.
Assigned to: MAJCOM, NAF, base, wing, and installation-level offices.
Assistant Staff Judge Advocate
“JAGs”: Designated Judge Advocates required to be graduates of ABA accredited law schools and authorized to practice law by highest court of a state, territory, or D.C.
Paralegal
Performs duties in the legal office under the supervision of an attorney. Tasks may include: drafting legal documents, performing legal research/writing, analysis, interviewing, and discovery management
Civilian Employee
work as attorneys, paralegals, court reporters, and administrative specialists
NAF level legal offices are commonly referred to as…
the General Court-Martial (GCM) legal office
Traditional Unit Reservists
“Category A”: Part-time one weekend/month and 2 weeks/year under Title 10 orders when on active duty. Attached to Air Reserve base legal offices in a location of their choosing.
Individual Mobilization Augmentees
“Category B” IMAs: have specialized skills and augment AD units, attached to AD legal offices. Work when and where they are needed under Title 10 orders
Air National Guard
Organized by state or territory. Part-time serving one weekend/month and 2 weeks/year. Attached to Air Guard bases that are under control of the state governor. May be called to federal active duty as needed and approved by the governor. Fall under Title 32 orders when working for the state and Title 10 orders when called to federal active duty.
Evolution of the AF Paralegal
May 1955: legal services specialist career recognized as a separate career field AFSC 705X0.
1970 CCAF approved Associates Degree program in Paralegal Studies.
1989 AF began using title “Paralegal”
1994 Current AFSC, 5J0X1 was designated
CMSgt Steve Swigonski
the first Special Assistant to TJSG, spearheaded the establishment of the first AF Legal Services Specialist School at Keesler AFB Jan 1972.
July 1993 AFJAGS relocated to Maxwell AFB
Outstanding Active Duty Paralegal Airman of the Year
Thomas Castleman Award
Outstanding Active Duty Paralegal NCO of the Year
Steve Swigonski Award
Outstanding Paralegal SNCO of the Year
Karen Yates-Popwell Award
Outstanding Reserve Paralegal of the Year
David Westbrook Award
Outstanding Air Reserve Component Paralegal SNCO of the Year
Andrew Stadler Award
Primary uses of the CFETP
(Career Field Education and Training Plan): comprehensive manual for education, training, and career progression
Describes tasks and knowledge required for different proficiency levels and provides an assessment tool for progress between proficiency levels.
AFCFM
Air Force Career Field Manager: The approval authority for development and acquisition of resources to provide training.
CFETP, 5J031, Paralegal Apprentice
Requires the completion of PAC.
Duties include day-to-day administrative and procedural tasks, such as processing claims, handling military justice actions, and assisting customers in the legal assistance program.
CFETP, 5J051, Paralegal Journeyman
OJT (12 months non-retrainee, 9 months retrainee), completion of CDC, completion of Attachment 2, column 2A of the STS, supervisor recommendation.
More in-depth paralegal duties such as legal research and writing, may train apprentices.
CFETP, 5J071, Paralegal Craftsman
training begins after being selected for SSgt. Includes OJT, completion of core tasks in STS, completion of Paralegal Craftsman Course in residence. Supervisor reommendation, unit commander approval.
Increased supervisory responsibilities, usually the NCOIC, duties include reviewing the work of subordinates.
CFETP, 5J091, Paralegal Superintendent
SMSgt, meets requirements listed in specialty description in AF Enlisted Classification Directory, and has supervisor and commander approval for the award of 9 level
Primary participants of a Utilization and Training Workshop
Career Field Manager (CFM)
Air Force Training Manager
MAJCOM Functional Managers
ARC Personnel
subject matter experts (SME)
Optional participants of a Utilization and Training Workshop
AFJAGS personnel
CDC writers
AETC Occupational Analysis Division
TJAG’s Corps Flight Plan: Vision
Disciplined and legally-enabled Air and Space professionals &organizations employing the law to advance the mission.
TJAG’s Corps Flight Plan: Mission
Provide the Department of the Air Force, commanders, and personnel with professional, full-spectrum legal support, at the speed of relevance, for mission success in joint and coalition operations
Major legal functions performed by TJAG’s Corps
Advising Command
Representing Individual Airmen
Advocating and Litigating
Partner FIRST, then inform and engage
Flight Plan Legal Domains:
Military Justice and Discipline
Operations and International Law
Civil Law
Leadership
Air Force recognized legal as a separate career field
May 1995
Job title “paralegal” is identified
1989
History of paralegal schools
Newport, Rhode Island - 1955 (Legal Services school at Naval Justice School)
Keesler AFB, MS - 1972
Maxwell AFB, AL - 1993
CFETP Part I, Career Progression
Provides overall management
Sect. A - General Information
Sect. B - Career Progression and Information
Sect. C - Skill Level Training Requirements
Sect. D - Resource Constraints
Sect. E - Traditional Training Guide
CFETP Part II - Specialty Training Standards (STS)
Sect. A - STS
Sect. B - Course Objectives List
Sect. C - Support Materials
Sect. D - Training Course Index
Sect. E - MAJCOM-Unique Requirements
Who is the current TJAG?
Lt. Gen. Charles L Plummer (***)
Who is the current DJAG?
Maj. Gen. Rebecca R Vernon (**)
Who is the current SEA to TJAG?
CMSgt Laura M. Puza
AFI 51-109, Article 6, UCMJ
Article 6 Inspections: ensuring military justice is system is appropriately administered and operates free from unlawful command influence
Commander administers discipline… TJAG advises the commanders free from unlawful command influence
AF/JAI
Inspections and Standardization Division”
State the authority of Article 6, UCMJ Inspections
TJAG is required by law [10 U.S.C. 806 (a)]
“The JAG or senior members of his staff shall make frequent inspections in the field in supervision of the administration of miliary justice.
TJAG is required by law to “direct the officers of the AF designated as JA…”
State the purpose of Article 6, UCMJ Inspections
Ensures proper administration of justice
- Supports good order and discipline
- Free from unlawful command influence
- Quality of service is consistent and standardized
DAFI 36-2670
Total Force Development
AFMAN 36-2664
Personnel Assessment Program
STRT Primary Participants
Specialty Training Requirements Team:
CFM (Career Field Mgr)
AFTM (AF Training Mgr)
MAJCOM FM (Functional Mgr)
SMEs (Subject Matter Experts)
ARC
STRT Optional Participants
AFJAGs
CDC Writers
Occupational Analysis Division Personnel
U&TW Training Development Cycle
Occupational Survery Process
U&TW (STS Developed) “Fight Club/Changes are planned”
CFETP
CDC and Course Development “Changes are Made”
U&TW Phase I
Determine the need
-Draft CFETP
-Research
-Identify Phase II participants (determined by CFM)
U&TW Phase II
Establish STRT
Team to determine training requirements and present to Pipeline manager and CFM
- CFETP Part I finalized
- AFECD complete
U&TW Phase III
“Fight Club” aka U&TW
-resolve resource issues
- CFETP/STS finalized
- Training delivery dates est.
U&TW Phase IV
Post U&TW
- Course and curriculum development
- CFETP published
- trainers responsible for reviewing and conducting OJT for all members
TJAG Inspections
- Enables TJAG to make inspections
- Ensures compliance with policies
- Ensures offices are pursuing correction to issues
Article 6, UCMJ
- Ensures legal office compliance
- Assess leadership, health, effectiveness, and efficiancy of an office
- Details an office’s strengths and weaknesses
Inspection team consists of:
HQ/JAI - one JAG and one paralegal
MAJCOM - one JAG and one paralegal
Inspection areas
- Leadership
- Military Justice and Discipline
- Civil Law and Litigation
- Operations and International Law
Five tiers rating system
- Unsat
- Sat
- Commendable
- Excellent
- Outstanding
Inspection Results
Numeric grade (1-100)
Five tier rating result
- Number of deficiencies
- Performance in Strategic Alignment Areas
- Strengths
- Innovations
Self-Assessments
- improve readiness, efficiency, discipline, effectiveness, compliance
UEI
“big base inspection” done in sync with the Article 6 inspection.
Not specific to legal offices, supplemented by the Article 6 to inspect the legal operations and personnel
Wing Self-Assessment Program Manager
Superintendant or NCOIC who delegates to the team members to ensure self assessments are completed
IGEMS
Inspector General Evaluation Management System
- Numeric scores 1-100
- Major Compliance
- Minor Compliance
- Qualitative Evaluation
- Innovations
- Strengths
Self-Assessments are completed every…
6 months
Purpose of the TJAG Online News Service
includes development in law or policy, new opinion and research resources, course announcements, happenings, etc.
Principal uses of learning management systems
Access course training and assessment material
AFJAGs podcasts
Access webcast materials needed for certification
CFETP Resources
in-res and correspondence
basic facts regarding law library accountability
MAJCOM SJA appoints a LLAO to maintain records and conduct inventories
validation due 30 April each year
Becoming obsolete due to less physical records and more records being stored online
Official source to determine current AF publications
www. e-publishing.af.mil
punitive provisions within AF publications
Punitive statement must be included in the opening paragraph and must reasonably in furtherance of military needs
use sparingly
Violation can result in violation of Article 92, UCMJ
Punitive Waiver Authorities
T-0 thru T-3 after each specific pargraph
What are ONS submissions
developments in law or policy
new opinion and research
course announcements
personal happenings
How long are ONS submissions maintained?
Where are the biography and official photos uploaded?
What manages enrollment and access to resident and non-resident courses offered by AFJAGS?
Learning Management Systems (CAMPUS e-learning) ??
What Air Force Publications are used within the AF?
Department of AF Instructions (DAFI)
Primary sources of law
Secondary sources of law
DoD Instructions and Regulations
Legal opinions within the military
What is the official source used to determine current AF Publications?
e-publishing.af.mil
“Compliance with the Publication is Mandatory” when the AFIs have a
Punitive provision
IRAC
Issues
Rules
Application
Conclusion
