Block II - Intro to Legal Practice & Professional Communication Flashcards
Introduction to Legal Practice & Professional Communication
Before 1955, Paralegals were identified as what?
legal services specialists
When was the legal services specialist career field given it’s own AFSC code?
May 1955, AFSC 705X0
When did the Air Force begin using the title of Paralegal?
1989
When was the current Paralegal AFSC of 5J0X1 designated?
1994
Where did AF legal specialists initially attend school?
Naval Justice School in Newport Rhode Island
Who established the first AF Legal Services Specialist School at Keesler AFB in January of what year?
CMSgt Steve Swignoski in 1972
Who was the first Special Assistant to The Judge Advocate General?
CMSgt Steve Swignoski
When did the Air Force Judge Advocate General’s School (AFJAGS) relocate to Maxwell AFB?
July 1993
How many annual awards are there?
5 Thomas Castleman Award Steve Swigonski Award Karen Yates-Popwell Award David Westbrook Award Andrew Stadler Award
Who is the Thomas Castleman Award for?
Active Duty AB - SrA (Think Castles)
Who is the Steve Swigonski Award for?
Active Duty NCOs (SSgt & TSgt) (Think Swig)
Who is the Karen Yates-Popwell Award for?
Active Duty SNCO’s (MSgt - SMSgt) (Think bones popping)
Who is the David Westbrook Award for?
Air Force Reserve (AFRES) and Air National Guard (ANG) AB - TSgts
Who is the Andrew Stadler Award for?
Air Reserve Component (ARC) SNCOs MSgt - SMSgt
Who was the third Special Assistant for Legal Airman Affairs to TJAG?
CMSgt Thomas Castleman
Who was the 8th Senior Paralegal Manager to TJAG?
CMSgt Karen Yates-Popwell
Who is a former Senior IMA with an award named after them?
CMSgt David Westbrook
Who executed the ANG Paralegal Managers and Liaison program requirements and objectives?
CMSgt Andrew Stadler
On 25 January 1949, AF General Order (GO) No 7 was issued, what was that order?
Administratively established The Judge Advocate General’s Department
What was AF GO No. 49?
Established The Judge Advocate General’s Department Reserve on 13 July 1949.
When did the “Department” portion of The Judge Advocate General’s Department change to “Corps”?
1 July 2003
What does The Judge Advocate General (TJAG) do?
The senior uniformed AF attorney responsible for furnishing legal advice, opinions and assistance on a wide variety of subjects to the AF Chief of Staff, Air Staff, and AF CCs, and agencies world wide.
What does the Deputy Judge Advocate General (DJAG) do?
Assists TJAG in managing TJAGC, also provides legal advice to the Air Staff and commanders at all levels.
What does the Senior Enlisted Advisor (SEA) to TJAG do?
Establishes policy guidance, managerial oversight for paralegal programs and issues, advises TJAG on all matters regarding paralegal force. (CMSgt Haskins)
What has been the development so far of the Senior Enlisted Advisor to TJAG (SEA) title?
Special Assistance to TJAG in Sept 1970 ->
Senior Enlisted Advisor to TJAG during Castleman’s tour ->
Senior Paralegal Manager during Moffett’s tour ->
back to Senior Enlisted Advisor to TJAG during Haskin’s tour.
What does the Staff Judge Advocate (SJA) do?
Advises CC’s and staff agencies on discipline. Legal advice to SF on AF installations. Legal advice to CCs and investigating officers on conducting investigations under authority of commander. Legal advice and review actions. Liason with the US Attorney and other fed, state, and local legal departments, admin agencies, and judicial bodies.
Who are the Assistant Staff Judge Advocate (ASJA)?
AD AF Attorneys, are military officers who, according to Title 10, United States Code, section 8067(g), are qualified under regulations prescribed by the Secretary of the Air Force (SAF) and who are designated by TJAG as judge advocates.
Must be a graduate from an ABA accredited law school and in good standing and admitted to practice law before a federal court or the highest court of a state, territory or District of Columbia.
What other name are Category A reservists also known as?
Unit or traditional reservists. Serve one weekend a month and two weeks throughout the year. They will have Title 10 orders when on duty. Attached to Air Reserve base legal offices.
What are Category B reservists known as?
Individual Mobilization Augmentee reservists. Augment AD and serve at a wide range of locations around the world. Attached to AD legal offices. Fall under Title 10 orders when on their duty time. (Think I M A busy B)
What are some basic facts about the ANG paralegal program?
part-time and serve one weekend a month, as well as 30 days throughout the year.
Attached to Air Guard bases
Controlled by the governor of the state. Can be called to federal duty during times of sanctioned war or national emergency.
ANG on TITLE 32 while they work for the state and Title 10 when on federal active duty.
What is the TJAGC Vision?
Disciplined and legally enabled Air and Space professionals and organizations employing the law to advance the mission
What is the mission of the TJAGC?
Provide the Department of the Air Force, CCs, and personnel with
professional, full-spectrum legal support,
at the speed of relevance,
for mission success in joint and coalition operations
What are the functions of the JAGC?
Advising command
Representing individual Airmen
Advocating and Litigating
Informing, engaging and partnering.
What are the legal domains within the TJAG Corps?
Military Justice and Discipline
Operations and International Law
Civil Law
Leadership
What are the primary uses of the Career Field Education and Training Plan (CFETP)?
Management tool to plan, manage, conduct and evaluate a career field trng prgrm. Aids supervisors in IDing trng at the appropriate pt in an individuals career.
Identifies task and knowledge requirements for each skill level and recommends education and trng throughout each phase of an individuals career
Lists trng courses avail in the specialty, IDs trng sources and the trng delivery method
IDs major resource constraints that impact the implementation of the desired career field training process.
Who identifies and coordinates the career field trng requirements?
MAJCOM representatives and AFJAGS training personnel
Who develops acquisition strategies for obtaining resources for identified training?
Air Force Career Field Manager (AFCFM) and AFJAGS trng personnel
Who is the approval authority and initiates an annual review of the CFETP?
The Air Force Career Field Manager (AFCFM)
What are the two parts of the CFETP?
Career Progression - Part I - five sections
Specialty Training Standard (STS) - Part II - five sections
What’s required to become a 5J031?
Completion of PAC
What’s required to obtain 5J051, Paralegal Journeyman (5-skill level)?
Completion of:
OJT (12 months for non-retrainees, nine for retrainees)
4 volumes of CDCs
Attachment 2, column 2A of STS
Supervisor recommendation and commander approval
What’s required to become a 7-skill level (Paralegal Craftsman)?
Possess 5-skill level, selected for promotion to SSgt
Completion of:
OJT (12 months for non-retrainees, 6 for retrainees)
All core tasks in STS
Paralegal Craftsman Course (PCC) in residence
Supervisor recommendation and commander approval.
What’s required to become a 5J091, Paralegal Superintendent?
Hold SMSgt
Meet requirements listed in specialty description in Air Force Enlisted Classification Directory (AFECD)
Have supervisor recommendation and commander approval for 9-skill level.
List some of duties performed by Air Force paralegals (W)
Conduct legal research, prepare written communications, process correspondence and maintain suspense files.
Prepare for IG and Article 6, UCMJ, inspections
With attorney supervision - examine prliminary evidence for sufficiency of facts and jurisdiction over offense(s) and offender.
Prepare and process all documentation and or evidence required for courts-martial and Article 15 actions from investigation through final action
More listed on page 17 of Block II study guide
What does U&TW stand for?
Utilization and Training Workshop
What are the responsibilities of the primary participants of a U&TW?
determine and define training requirements and the proper forum for those requirements (CDCs, OJT, and in-resident courses)
Who are primary participants that make the STRT in the U&TW?
CFM, an Air Force Training Manager MAJCOM functional Managers ARC personnel SME's Others identified as necessary
Who are optional members of the U&TW?
AFJAGS personnel
CDC writers
AETC Occupational Analysis Division
Basic facts about the occupational analysis survey are
administered to all eligible AD, ANG, and AF Reserve personnel.
Information collected is used during U&TW to develop STS (Part II, CFETP).
What are the basic principles of the U&TW process?
Four phases: I. Determine the need II. Establish the STRT III. U&TW IV. Post-U&TW
What occurs in Phase I, Determine the Need?
Determines the necessity and when, where, why and how of training
AFCFM determines the need, approving objectives in STS, selecting SMEs, and determines timeline and availability date for CDCs
Preparation for in-person U&TW - identifying participants.
Draft CFETP should be produced based on research conducted from surveys
What occurs in Phase II, Establish the STRT?
The team determines training requirements and present them to the AETC Training Pipeline Manager and Course Training Manager.
Training Pipeline Manager provides AFCFM w/ a resource estimate (identifying resource constraints).
Finalization of the CFETP and AFECD description is completed.
Must also decide if Phase III is needed
What happens during Phase III, U&TW?
the Utilization and Training Workshop occurs.
In-person two week workshop conducted at AFJAGS.
Used to resolve resource and/or funding issues and adjust trng requirements based on those issues.
MAJCOMS must commit in writing who will furnish resources
CFETP and STS are finalized and training delivery dates are established.
The CFETP changes affect all levels of upgrade training.
What happens in Phase IV, Post-U&TW?
CFM prepares minutes from U&TW.
Course and curriculum development begins
New CFETP is published.
Offices are responsible for reviewing new core tasks and conducting OJT as required.
Why was Article 6, UCMJ, enacted? What is it’s purpose?
Ensure the military justice system is appropriately administered;
Supports good order, morale, and discipline;
and operates free from unlawful command influence.
What is the TJAG required to do, by law, according to 10 U.S.C. 8037 (c) (2) ?
“direct the officers of the Air Force designated as judge advocates in their performance of their duties”
What does the article 6 inspection allow the TJAG to fulfill?
Their obligation of an inspection of the TJAGC
Ensures legal offices are pursuing issues identified
Affords TJAG an opportunity to meet with local CCs to address concerns
What conditions does the Article 6 inspection ensure?
Legal offices are conducting business accordingly
Allows TJAG to address any issues or concerns.
Identifies any problems that need to be addressed.
Who conducts Article 6 inspections to assist TJAGs inspection process?
AF/JAI (Inspections and Standardization Division)
What type of items is the Article 6 inspection checklist tailored to?
Leadership, Military Justice, Victim and Witness Assistance Program, Special Victims Counsel, Adverse Actions, Legal Review, Installation Meetings, and Foreign Criminal Jurisdiction, Base Support
Who will the Article 6 inspection team consist of?
1 JA and paralegal representative from HQ USAF/JAI (May be an augmentee)
1 JA and paralegal representative from the MAJCOM of the unit being inspected (may be from another unit within the MAJCOM)
What is in the detailed report the TJAG receives following a Article 6 inspection?
Deficiencies,
strengths,
a numeric grade between 1-100, and
a five-tier rating.
What are the five-tier ratings that can result from an Article 6 inspection?
Unsatisfactory, Satisfactory, Commendable, Excellent, or Outstanding
Once signed and approved by the TJAG, the article 6 inspection report is sent where?
To the Wing Commander (WG/CC) and SJAs at the wing, NAF, and MAJCOM levels.
What is the purpose of the Commander’s Inspection Program?
improve readiness, efficiency, discipline, effectiveness, compliance, and surety in Air Force Wings.
Affords wing CCs the ability to assess mission sets
Used to identify a unit’s ability to comply with policy and guidance
Who designates a Wing Unit Self-Assessment Program Manager in writing?
The wing commander
The Wing IG office administers and maintains electronic inspection records using what system?
MICT, Management Internal Control Toolset, and
IGEMS, Inspector General Evaluation Management System
How do work centers receive Self-Assessment Checklists (SAC)?
MICT
What does the Wing IG office use to report and track deficiencies?
IGEMS, Inspector General Evaluation Management System
How many Unit Self-Assessment Program Managers must the Commander or director appoint?
At least one
Can a Wing Program Manager delegate Wing-level program questions to unit-level assessors?
No, questions must be assessed at the appropriate levels.
When answering Article 6 questions or Self-Assessment questions, can they be answered with only “yes” or “no”?
No they cannot. Answers must be thorough and provide substantiation through documents such as appointment letters, legal reviews, etc when required.
What law requires “TJAG or senior members of his staff shall make frequent inspections in the field in supervision of the administration of military justice”?
10 U.S.C. 806 (a)
How often do Article 6 inspections happen?
Every two years or as directed by TJAG
Legal Offices MUST conduct self-assessments how often?
Every 6 months
What is the purpose of the TJAG Online News Service (ONS)?
Weekly articles released by the JAG core with in-depth new guidance, policies, and updates keeping the JAGC informed.
How long is each Online News Service issue maintained?
Indefinitely
State basic facts regarding law library accountability within RAMS and what responsibilities JAS has?
Program used for law libraries to inventory and order books
JAS is responsible for purchasing and updating purchases
JAS establishes policies and procedures, provides guidance for all Air Force law libraries - done via unified law library handbook
Who appoints a law library accountable official, in writing, at each office?
Does the appointment letter have to be submitted anywhere?
The SJA
Yes, the appointment letter must be uploaded to RAMS
What is the law library accountable official responsible for?
Puts in requests to RAMS for purchases, and provides certified receipt notification.
Maintains records for books and conducts inventory every two years in April.
Can the law library contain locally purchased materials or donated materials?
YES!
What is done on the PR certification website?
Annually, the member reads and certifies that they have reviewed particular Professional Responsibilities AFIs.
What is “Suspense” used for?
For creating suspense’s (for internal and external use)
What does WebAFCIMS do?
Inputs and tracks claims
What is webLIONS (Web-based Legal Information Online System) used for?
Legal assistance tracking and generating POAs
What tool is used for finding particular or any attorneys, paralegals or other JAGC members?
Roster.
What is After Action Reporting (AAR) used for?
Used for every JA and Paralegal to fill out an AAR within 30 days of returning from a deployment.
What does Course Nomination System (CNS) do?
It is for officers and enlisted, and shows the next 90 days of courses, their dates, and if the class is virtual or in-residence. It is also where you nominate for individuals to attend courses
What does AMJAMS stand for?
Automated Military Justice Administration Management System
What does AMJAMS track?
Article 15s, SPCMs, GCMs, and other military justice cases
What types of publications are used within AF legal practices?
AFIs
Primary and secondary sources of law
DoD Instructions & Regulations
Legal opinions within the military
Name the official source used to determine current AF publications
Air Force e-Publishing website (e-pubs)
What does e-pubs provide?
Publishing products and services for administrative publications/forms
Provides life cycle management of Air Force electronic publishing
Identify requirements for punitive provisions with AF publications
“Compliance with this Publication is Mandatory”
Violation of the publication can result in a violation of Article 92, UCMJ
Who are some of the T-0 waiver authorities?
Congress and White House
Who are the T-1 waiver authorities?
MAJCOM CC can delegate no lower than MAJCOM director
Who are the T-2 waiver authorities?
MAJCOM CC can delegate no lower than the first General Officer in Chain of Command
Who are the T-3 waiver authorities?
Wing Commander (WG/CC) can delegate no lower than Squadron CC (Sq/CC) or equivalent