Legal Assistance K. J. Gruver

Legal AssistanceLegal Assistance

K. J. GruverCaptain, USMCJudge Advocate

MissionMission

The mission of the Legal Assistance Office is to serve eligible personnel by providing professional and zealous representation with regard to their personal legal affairs.

Point of ContactPoint of Contact

PersonnelOIC – Capt GruverLegal Assistance Chief – Cpl Sullivan

LocationBuilding 1211

Phone number269-3636

Hours of OperationHours of Operation

Attorney Consultations:Clients are seen on a walk-in basis Mondays and Thursdays:

– 0800 to 1130 and 1300 to 1630

Attorney Appointments are available Tuesdays and Wednesdays

– 0800 to 1130 and 1300 to 1630

Hours of OperationHours of Operation Dissolution of Marriage/Separation Briefs

Every other Thursday at 0800 Naturalization Class

Scheduled monthly, date and time published in the Yuma News

Notarizations and Powers of AttorneyMonday – Friday0800 to 1130 and 1300 to 1630

Who is Eligible for services?Who is Eligible for services? References

10 U.S.C. § 1044JAGMAN § 0706

Eligible PersonsActive duty service membersReservists on active duty for 30 days or moreRetireesDependents of above listed persons

Legal Services Legal Services

Paternity and Non-support Divorce Consumer Law Immigration Bankruptcy Free notary service Contracts

Legal ServicesLegal Services

Landlord/tenant Real Estate Wills Powers of Attorney Arizona Tax Exempt forms Automobile purchases

Command AssistanceCommand Assistance

Predeployment briefs Preventative Law briefs Civilian arrest Non-support of dependents

Non-support IssuesNon-support Issues LEGADMINMAN chapter 15 Hierarchy of support:

Court OrderSeparation AgreementChapter 15 support

Support under Chapter 15 does not become enforceable unless the spouse makes a formal request/complaint of non-support to the command.

Non-support (Cont.)Non-support (Cont.) Support under Chapter 15 only applies to:

SpouseMinor biological childMinor adopted child

Punitive provisions attach if a Marine violates any of the following:

Support provisions of a court orderSupport provisions in a written agreementIf none of the above exists, then interim financial support obligations. This is only punitive if violated after a complaint of non-support by the spouse.

Non-Support (Cont.)Non-Support (Cont.) Direct complaint to Marine’s CO

CO will inform Marine regarding the nature of the complaint and encourage Marine to see LA attorneyCO will make an order to Marine in accordance to Chapter 15

http://www.yuma.usmc.mil/services/legal/default.htmLook at LES for: Base pay, other pay, BAH, BAS, other allowancesAutomatically calculates amount of spousal support

Domestic ViolenceDomestic Violence Military Protective Orders

CO directs Marine in writing to stay away from dependentsEnforceable as a lawful order from a commissioned officerShould be tailored to suit facts and must include a reasonable time limit.Contact a Judge Advocate if you are unsure what would be a reasonable time.

Domestic ViolenceDomestic Violence

Temporary Restraining OrderJudge directs one party to stay away from the otherEnforceable through PMO and contempt powers of courtHearing required to continue or remove

Debt CollectorsDebt Collectors Complaints of indebtedness

LEGADMINMAN Chapter 16 Policy – Commercial debts are a civil matter for civilian

courts. The Marine Corps has no authority to require Marines to pay a private debts. (Except for Article 134 and 139.)

The MC will not process a complaint of indebtedness if a creditor did not make a bona fide effort to collect the debt individually, and whose claim is not patently false and misleading.

Debt Collectors (Cont.)Debt Collectors (Cont.) Hurdles: Creditor must show they are in compliance

with DOD standards of fairness, Regulation Z (12 CFR § 226 Et Seq.), as well as state and Federal Fair Debt Collection Practices Acts.

Action: Counsel the Marine regarding payment of debts. If the Marine disputes the debt, refer him to Legal Assistance.

The command may notify the creditor that the Marine has been counseled and nothing more. Use the sample letter in Chapter 16 to ensure compliance.

Fair Debt Collection Practices ActFair Debt Collection Practices Act

Cannot call at unreasonable times (no harassment)

If debtor says “stop,” they have to stop. May have to sue to enforce this.

NSF ChecksNSF Checks Command should counsel the Marine to pay as

a means of self-protection.Follow the guidelines of LEGADMINMAN, ch. 16

If debt is disputed, send the Marine to Legal Assistance

UCMJ Article 123a applies to “knowingly” bounced check.

UCMJ Article 134 may also be used

Civilian Criminal ProceedingsCivilian Criminal Proceedings Legal Assistance and Defense Attorneys cannot

represent or advise Marines on cases out in town.

They must retain civilian counsel, get a public defender, or go it alone.

The Legal Assistance office cannot recommend civilian counsel, but we do maintain a list of all attorneys in Yuma with their fees

Civilian Criminal ProceedingsCivilian Criminal Proceedings The process:

Charging documents filedArrest or summonsBonds – the command CANNOT promise the Marine will appearFirst appearance/arraignmentTrial or plea bargainCommand CANNOT promise court that the MC will “handle” itOnly lawyers can negotiate taking jurisdiction

The DA is not their lawyer!!!!! SCRA does not apply to criminal proceedings

Service of Process/SubpoenasService of Process/Subpoenas JAGMAN, ch. 6 Service of process is proof to the court that the respondent

has notice of the court action/filing Service of process will be conducted only at the Joint Law

Center under the supervision of a Judge Advocate If a process server calls or shows up at the command,

direct them to the Legal Assistance Office If they serve someone at your command or anywhere on

base without going through the JLC, get contact information and forward that information to Legal Assistance.

Service of Process/SubpoenasService of Process/Subpoenas Members cannot “dodge” service on base. If we

are notified that they are being served, they are required to report.

They are counseled by an attorney that they must accept Arizona process; all others they may refuse (at their own risk).

The member will have the opportunity to see the Legal Assistance Attorney.

Pre-deployment Briefs Pre-deployment Briefs

Educate service members on wills and Powers of Attorney

Hand out will worksheetsExecute powers of attorney

Educate Marines and dependents on legal services available

Preventative Law BriefsPreventative Law Briefs An ounce of prevention…saves your Marines, the

command, and the lawyers a lot of headaches and damage control.

Legal Assistance can give preventative law briefs on major issues of concern:

Car salesInsuranceConsumer law scamsLandlord tenant issuesBasic estate planning

Volunteer Income Tax AssistanceVolunteer Income Tax Assistance

Free electronic tax preparation and filing VITA Supervisor: Mrs. Knight

In operation: 3 Jan 06 to 31 May 06 Hours of operation: M-F 0800 to 1630 Appointments and walk-in service Call 269-3636 for appointments

Tax CenterTax Center

2004 Tax Season:Total Federal Returns = 3805Total Value for Service = $377,586.00Savings per Marine = $ 99.23

Tax CenterTax Center What to bring to an appointment: ID Card W-2 Voided check (or bank routing number and account

number) IRA documents 1099 forms Any other applicable documents

Tax CenterTax Center

Units provide VITA volunteers to work in the tax center

JLC Director sends letter to COs of MAG and Station in October soliciting volunteers

Volunteers check in 1 Dec and are trained during December

Volunteers check back into their units 1 May

WebsiteWebsite http://www.yuma.usmc.mil/services/legal/default.htm Website has the following documents:

AZ tax exempt formWill worksheetSupport calculatorSCRA informationPreventative Law ManualMuch more…

Questions????Questions????