What types of law do Air Force Judge Advocates practice?

Areas of Practice for Judge Advocates

Most Air Force base legal offices have between three and ten Judge Advocates assigned. One of the primary clients at any base is the installation commander, with responsibilities similar to those of a mayor; as a result, the variety of legal problems is virtually limitless. Judge Advocates are involved with problems concerning discipline and criminal law; claims for and against the government; legal assistance; and other areas such as environmental and real property law, general law, civil law, international law, operational law and labor law. The degree of activity in these areas of the law will vary from base to base.

A. Criminal Law
The Uniform Code of Military Justice (UCMJ), 10 U.S.C. 801 et seq., is the federal statute for military criminal matters. Most Judge Advocates have the opportunity during their first assignment to gain litigation experience as trial counsel (prosecutors) in trials by courts martial. Cases tried by Judge Advocates will range from misdemeanors, such as petty larceny, to felonies, such as aggravated assault and espionage.

Judge Advocates who acquire about a year of litigation experience as prosecutors become eligible to apply for a position as defense counsel. Most Air Force bases have one defense counsel (known as the area defense counsel or "ADC") who is responsible for defending Air Force members in criminal trials, nonjudicial punishment proceedings under Article 15 of the UCMJ, and adverse administrative proceedings. The defense counsel has an office physically separate from the base legal office and a paralegal to assist in the preparation of cases. To ensure complete independence from local commanders and the base legal office, defense counsel are administratively assigned to the Air Force Legal Services Agency (AFLSA), Washington, D.C., and are supervised by a Chief Circuit Defense Counsel located at another base.

Judge Advocates who gain considerable trial experience and who demonstrate proficient litigation skills may apply for advanced litigation positions. Circuit prosecutors and defense attorneys travel to various Air Force bases to try major felony cases. The Air Force also has appellate defense and government attorneys, located in Washington, D.C., who handle appeals in criminal cases before the Air Force Court of Criminal Appeals, the United States Court of Appeals for the Armed Forces, and the United States Supreme Court.

B. Claims and Tort Litigation
Judge Advocates appointed as Air Force base claims officers are responsible for managing claims and tort litigation activity at their bases of assignment. Working closely with numerous operating agencies on the installation, as well as with members of the local civilian bar and the United States Attorney's Office, claims officers oversee and implement claims programs under numerous federal statutes including the Federal Tort Claims Act, the Federal Medical Care Recovery Act, the Foreign Claims Act, the Military Claims Act, the Federal Claims Collection Act, and the Military Personnel and Civilian Employees' Claims Act. In addition, claims officers are directly responsible for the operation of the claims office and the supervision of all subordinate claims personnel.

The claims officer supervises the adjudication of claims for loss or damage of household goods occurring during shipment from base to base. Subsequent to payment, the claims officer supervises the recovery of those portions of the loss due and owing the United States by common carriers under contract with the government.

As claims officer, a newly assigned Judge Advocate is directly responsible for the investigation of multi-million dollar tort claims under the Federal Tort Claims Act. These cases routinely include allegations of negligence on the part of government employees resulting in property damage, personal injury, or death, often arising from the operation of government vehicles, disposal of toxic waste, medical malpractice, or operations by government contractors. Claims officers become well versed in both state and federal law as it applies to these areas, and prepare legal memoranda vital to the adjudication of the claims. For claims which are litigated, the claims officer is actively involved in discovery, and often assists the United States Attorney's Office in preparation for trial.

Collection of funds owed to the United States under the Military Personnel and Civilian Employees' Claims Act, the Federal Medical Care Recovery Act, and the Federal Claims Collection Act plays a major part in the Air Force budgeting process. A claims officer may recoup tens of thousands of dollars under the Federal Medical Care Recovery Act from third parties liable for injuring Air Force members who in turn are treated at Air Force medical facilities. This often involves working with civilian attorneys in local state court actions.

Successful claims officers may choose to apply for other related and challenging positions such as that of Medical Law Consultant. After attending the most sophisticated medical law training course offered by the Federal government, the Medical Law Consultant works in one of the Air Force's largest medical centers providing advice and counsel to the facility commander and the entire medical staff. Not only does the Medical Law Consultant develop and investigate highly complex medical malpractice cases, but he or she also develops expertise in many highly controversial areas facing the medical legal community.

C. Environmental and Real Property Law
Judge Advocates have an opportunity to work in many areas of environmental and real property law. Like municipalities and private entities, Air Force bases must comply with federal, state, and local environmental regulations. Judge Advocates provide advice to commanders and staff officers on the requirements of the National Environmental Policy Act (NEPA), and review environmental documents, such as environmental assessments, for legal sufficiency. Oftentimes, Judge Advocates will work with commanders, civil engineers, and Air Force agencies at all levels. Judge Advocates frequently represent the Air Force before government regulatory agencies on a variety of issues including applications, rulemaking, and variances. Judge Advocates will often be called upon to determine issues related to the Comprehensive Environmental Response Composition and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA) permitting, Clean Air Act emissions permits, National Pollutant Discharge Elimination System (NPDES) discharges and other major environmental laws. This is a hands on process that results in real solutions to real problems.

The Air Force often encounters problems with land use in the vicinity of military airports. Judge Advocates become involved with real property law in dealing with these problems. Typical issues involve compliance with local zoning ordinances, applications for zoning variances, nuisances, and allegations of unconstitutional takings. Annexations of Air Force bases by municipalities is also an issue our Judge Advocates have addressed. Representation of the Air Force before state and local political and administrative agencies is not uncommon.

D. Civil Law
Judge Advocates at all levels are responsible for advising on an ever-increasing variety of civil law issues. These include legal matters relating to the organization, administration, operation, and functions of the Air Force command involved, as well as officer and enlisted personnel actions involving separations and retirements, administrative boards and similar proceedings. Judge Advocates also render opinions, reviews, and interpretations of laws, regulations and directives.

Judge Advocates provide advice on the Freedom of Information and Privacy Acts, gifts, political activities, military command and doctrine, drug testing, pay and allowances, civilian personnel issues, equal opportunity, grievances against commanders, enlistments, investigations, ethics, conflicts of interest, garnishment, constitutional rights, fraud, waste and abuse, and a host of other everyday issues.

E. General Litigation Support
Base Judge Advocates play a vital role supporting defensive litigation in the United States district and appellate courts and the United States Claims Court. They provide essential liaison with local U.S. Attorneys, prepare litigation reports and requests for federal representation, and assist with witness preparation. Perhaps more importantly, base Judge Advocates advise commanders on methods of operations that will achieve the optimum balance between mission performance and litigation risk (e.g., restrictions on political activities at base open houses).

F. Government Contract Law
Air Force Judge Advocates play a vital role in the multi billion dollar development of new emerging technologies and the procurement of high tech weapon systems which the Air Force needs to accomplish its aerospace mission as well as the logistical sustainability and readiness of these systems after they become operationally capable.

For example, the Air Force Materiel Command awards and manages hundreds of thousands of contracts a year, valued at over $200 billion. Air Force Judge Advocates are deeply involved in this increasingly complex acquisition cycle from the beginning of contract formation through source selection and contract administration, up to and including litigation before federal courts and the Armed Services Board of Contract Appeals.

Each year, Judge Advocates are competitively selected to obtain LL.Ms in Government Procurement Law at government expense. Graduates of this program are assigned to major Air Force contracting activities across the United States at locations such as: Salt Lake City, UT; Dayton, OH; Fort Walton Beach, FL; Washington, D.C.; and Boston, MA. Attorneys with strong contract backgrounds are also assigned as counsel at several major defense contractors. Judge Advocates with contract backgrounds who also possess significant trial experience can gain additional skills as full-time litigators on either the Air Force Contract Trial Team, which practices before the Armed Services Board of Contract Appeals, or the Air Force Legal Services Agency Commercial Litigation Division which litigates cases in Federal Court.

G. International Law
Judge Advocates assigned overseas may become involved in a broader range of international law problems including: advising commanders on agreements governing the status of U.S. forces; participating in the negotiation of bilateral agreements; working closely with local officials to maximize U.S. jurisdiction over U.S. service members facing potential foreign prosecution; monitoring foreign criminal trials of U.S. service members to assure they are granted applicable procedural safeguards; visiting U.S. Air Force members in foreign prisons to ensure they are receiving proper treatment; tracking and reporting on foreign civil litigation affecting U.S. forces; providing advice to commanders on diverse foreign legal issues including labor law problems concerning local national employees; and solving a variety of foreign civil law problems concerning local customs, taxation, claims/litigation, real estate, paternity/adoption, domestic relations, environmental law, and many other questions.

H. Operations Law
Judge Advocates serve as a focal point in the law of armed conflict. In Iraq, for example, Judge Advocates deployed with operational units where they provided essential legal services to the combat leadership as well as to deployed airmen. Judge Advocates advised commanders on the lawfulness of targets and helped ensure that the weaponry used minimized collateral damage. They advised commanders on the proper treatment of prisoners of war. Judge Advocates also investigated and monitored violations of the law of armed conflict by both allies and enemies in anticipation of criminal actions and reparations. In addition to the purely operational aspects, Judge Advocates in the combat arena ensured the smooth administration of criminal justice and provided legal assistance and claims service to deployed members.

In peacetime, Judge Advocates educate Air Force members on the international treaties and agreements which comprise the law of armed conflict, especially the Geneva Conventions of 1949. Air Force personnel are required to be familiar with the status of noncombatants, the sick and wounded, and prisoners of war. They must also understand the legal limitations to the application of force. Judge Advocates are instrumental in providing this training.

I. Labor Law
Labor relations, including civilian employment within the Federal government, are governed by statute. Employment discrimination laws apply to the Air Force in almost exactly the same manner as they apply to the private sector. Labor management relations are governed by the Civil Service Reform Act of 1978 which adopts many of the principles and procedures which regulate labor management relations in the private sector.

Base Judge Advocates can expect to provide representation in such diverse proceedings as arbitration hearings, grievance hearings, equal employment opportunity administrative hearings before the Equal Employment Opportunity Commission (EEOC), adverse action cases before the Merit Systems Protection Board, and proceedings before the Federal Services Impasse Panel. Judge Advocates also become involved in providing direct litigation support for the litigation of labor cases in Federal courts, and are frequently members of the management team for negotiating new collective bargaining agreements. Finally, they deal directly with the Air Force General Litigation Division's Central Labor Law Office on unfair labor practice litigation and on high interest or especially complex cases.

J. Legal Assistance
Judge Advocates routinely educate the Air Force community on current legal issues and on ways to avoid legal entanglements. Additionally, active duty and retired military members and their dependents are provided legal assistance free of charge. The range of issues encountered in legal assistance is broad, but the most common involve taxes, domestic relations, wills, powers of attorney, property transactions, landlord and tenant relations, debtor creditor rights, consumer affairs, adoption, and citizenship.