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Show t I HILt "TOP TIMES O yI O Friday, November 1, 1985 unsehLowyeirspjro L. Turner By SSgt. Catherine ' The Area Defense Counsel is expected and encouraged to argue vigorously on j the client's behalf against command, if Area Defense Office Editor's Note: You have gone to the Area Defense Counsel's office to see a lawyer about some legal action against you. You wonder if an officer who is being paid by Uncle Sam will be able to properly represent you against your commander. And you wonder if things that you say to this lawyer will be used against you at some later point in time. The following article should answer these questions and prove beyond a shadow of a doubt that the Area Defense Counsel is ready, willing and able to fight for you if need be. necessary. dant can be certain that the Area Defense Counsel will represent a client to the best of his or her abiliMany people think military justice is unfair to the ty in matters within his or her charter. Under the Area Defense Charter, the priorities for accused. A book titled Military Justice is to Justice adas Military Music is to Music charged that the defense duties are: counsel in acto Air ministrative discharge actions pursuant defense counsel system was stacked against an and Article 32, cused. Since the lawyers representing the accused Force Regulations 36-- and 36-were appointed by the Convening Uniform Code of Military Justice, investigations; in Authority, usually the base commander, and both counsel for suspects in interrogation situations; . : courts-martia- l, 2 courts-marti- v 3, al the prosecution and defense lawyers would have counsel in Article 15, UCMJ, actions; military legal their effectiveness reports endorsed by the same in- advisor in foreign criminal jurisdiction cases; and dividual, the defense counsel would not feel free to other adverse actions in which counsel for an individual is required or authorized, including adgive a vigorous defense. This perception of possible "command influence" ministrative discharge actions under AFR was addressed by the Air Force in 1974 when the reports of survey, line of duty determinations, airdefense function began to report directly to the craft accident investigations (if required by AFR courts of inquiry, flying evaluation boards, Judge Advocate General. Office space was set up Adand demotion boards. separate from the office of the base Staff Judge However, there is no entitlement to military legal vocate, and an Area Defense Administrator was as111-1- , for such actions as letters of counseling, letformalized AFM This was counsel in signed. policy 13. ters of reprimand, vacation of NCO status, denial Chapter The chain of command for an Area Defense Counof reenlistment, denial of a promotion, cancellation-o- f n sel is completely separate from that for other attororders, equal oppoand on Officer the Effectiveness base neys Report rtunity complaints, job harassment, civilian crimes, is written by a Chief Circuit Defense Counsel and military pay problems, OERAPR problems, and endorsed off base. The Area Defense Counsel is ex- Article 138 complaints. In these areas, the Area pected and encouraged to argue vigorously on the Defense Counsel will normally refer members to the client's behalf against command, if necessary. A appropriate agency. client's defense counsel is also governed by the CanThere is a rumor that the Area Defense Counsels ons of Professional Ethics which dictate zealous aren't "real lawyers." The fact is that in order to representation of clients. For these reasons, a defen- - become a Judge Advocate, a person must complete 39-1- 11-31- 0, ), permanent-change-of-statio- Ogden's Secret Best-Ke- pt m Banquet Parking Private Seating (up to 80 people) Trained Personnel CONTACT OUR BANQUET MANAGER Lunch Monday thru Friday 3607 Washington Blvd. Lower Level Mon.-Thur- - f r h-B- 5:00-9:3- 0 s. - e, Fri. -- Sat. 1 1 :30 to 2:00 399-580- 4 Rear 5:00-10:3- Open Sun. 0 AVAILABLE FROM... ad-vic- on dot 0 To a New Location TO BETTER SERVE YOU, . Lions Den if (MB an HUB - 20 fpammount, f$& NOW an office. Many people hesitate to speak candidly with the Area Defense Counsel because they feel that things they say may at some future time be used against them by the government. Nothing could be farther than the truth. Everything a client says to the Area Defense Counsel is held in strict confidence and cannot be divulged in court or in any other proceeding without their permission. This privilege of confidentiality is protected by the Military Rules of Evidence and the Canons of Professional Ethics. Chaplains are the only other people on base with such a privilege. Some people still hesitate to acknowledge any involvement in illegal activities because they are embarrassed. This is understandable, but one must keep in mind that an attorney's e is based on what the client tells him or her. So if a client gives faulty information to the attorney, faulty advice will be given in return. As in other areas of life, honesty is the best policy when discussing a case with the Area Defense Counsel. All these protections have been given to individuals by the Air Force, so individuals can be confident of getting unbiased, professional representation. The Area Defense Counsel's sole job is to ensure individual rights are observed. (( BANQUETS Added Special Banquet Menus four years of college, three years of law school, pass a State Bar Examination, and be licensed to practice law before tha highest court in one of the 50 states. In order to become an Area Defense Counsel, a Judge Advocate must first be certified as trial and defense counsel in accordance with Article 27(b)(2) of the Uniform Code of Military Justice. They must then be selected by the Judge Advocate General of the Air Force, a major general, before being designated as an Area Defense Counsel at a particular base. Area Defense Counsels are selected on the basis of experience and ability to manage State, Clearfield Phone fli I1 " Price Off Reg. 121 S. HOME VIDEO Gulf Western Comp.iny Rebuilt Kirbys 773-587- 1 h I3IEV1ERLYJHIUS l! Dodge t r 5 Speed Transmission . i ' and more! 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