legal assistance k. j. gruver
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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????