R 311901Z OCT 13
UNCLASSIFIED/
MARADMIN 583/13
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/ESTABLISHMENT OF THE MARINE CORPS VICTIMS' LEGAL COUNSEL ORGANIZATION (VLCO)//
REF/A/MSGID: SECDEF MEMO/14AUG2013//
REF/B/MSGID: TITLE 10, USC, SECT 1044//
REF/C/MSGID: TITLE 10, USC, SECT 1565B//
REF/D/MSGID: DODI 6495.02//
REF/E/MSGID: SECNAVINST 1752.4B//
REF/F/MSGID: MCO 1752.5B//
REF/G/MSGID: MCO 5800.14//
REF/H/MSGID: MCO 1754.11//
REF/I/MSGID: JAGINST 5803.1D//
REF/J/MSGID: JAGINST 5800.7F//
REF/K/MSGID: MCO P5800.16A//
NARR/REF A IS THE SECRETARY OF DEFENSE (SECDEF) MEMORANDUM DIRECTING ALL SERVICES TO IMPLEMENT A SPECIAL VICTIM'S ADVOCACY PROGRAM. REF B IS STATUTORY AUTHORITY FOR LEGAL ASSISTANCE SERVICES TO MEMBERS OF THE ARMED FORCES AND OTHER ELIGIBLE INDIVIDUALS SUBJECT TO THE AVAILABILITY OF LEGAL STAFF RESOURCES.  REF C IS STATUTORY AUTHORITY THAT EXTENDS LEGAL ASSISTANCE SERVICES TO VICTIMS OF SEXUAL ASSAULT.  REF D IS THE DEPARTMENT OF DEFENSE INSTRUCTION, DATED 28 MARCH 2013, ON THE SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM PROCEDURES, WHICH INCORPORATES THE REQUIREMENTS UNDER REF C.  REF E IS THE SECNAVINST, DATED 13 APRIL 2013, ON THE DEPARTMENT OF THE NAVY'S SAPR PROGRAM.  REF F IS THE MARINE CORPS ORDER (MCO), DATED 1 MARCH 2013, ON THE MARINE CORPS SAPR PROGRAM.  REF G IS THE MCO ON THE VICTIM-WITNESS ASSISTANCE PROGRAM (VWAP).  REF H IS THE MCO ON THE MARINE CORPS FAMILY ADVOCACY PROGRAM (FAP). REF I IS THE JAG INSTRUCTION (JAGINST) ON PROFESSIONAL CONDUCT OF ATTORNEYS.  REF J IS THE MANUAL OF THE JUDGE ADVOCATE GENERAL OF THE NAVY (JAGMAN). REF K IS THE MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION (LEGADMINMAN).//
POC/C. K. JOYCE/COL/UNIT: VLCO, HQMC/TEL: (703) 693-9524//
GENTEXT/REMARKS/1.  PURPOSE.  CONSISTENT WITH REFERENCE A, THIS MESSAGE ANNOUNCES CMC-DIRECTED CHANGES TO THE MARINE CORPS MODEL FOR THE PROVISION OF LEGAL SERVICES SUPPORT INVOLVING VICTIMS OF SEXUAL ASSAULT AND OTHER CRIMES BY ESTABLISHING THE MARINE CORPS VICTIMS' LEGAL COUNSEL ORGANIZATION (VLCO) EFFECTIVE 1 NOV 2013.  THE VLCO WILL PROVIDE DEDICATED LEGAL ADVICE AND REPRESENTATION TO VICTIMS OF SEXUAL ASSAULT AND OTHER CRIMES, AS AUTHORIZED BY REFERENCES B AND C, IN ORDER TO HELP PROTECT VICTIMS' RIGHTS AT ALL STAGES OF THE MILITARY JUSTICE PROCESS.  VICTIMS' LEGAL COUNSEL SERVICES WILL SUPPLEMENT, NOT REPLACE, OTHER VICTIM SERVICES SUCH AS THE FAMILY ADVOCACY PROGRAM (FAP), THE SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM, VICTIM ADVOCATES, THE VICTIM-WITNESS ASSISTANCE PROGRAM (VWAP), AND SERVICES PROVIDED BY CHAPLAINS AND MEDICAL PERSONNEL, AS OUTLINED IN REFERENCES D THROUGH H.
2. BACKGROUND.  CRIMES COMMITTED WITHIN OUR MILITARY COMMUNITY, INCLUDING RAPE, SEXUAL ASSAULT, HAZING, AND OTHER OFFENSES HARM THE INDIVIDUALS AFFECTED, UNITS AND THEIR MISSION, AND THE SERVICE AS A WHOLE.  IN CONFRONTING THESE CRIMES, WE MUST PREVENT VICTIMS FROM BEING RE-VICTIMIZED WHEN COMING FORWARD TO SEEK JUSTICE.  VICTIMS' LEGAL COUNSEL (VLC) WITH MILITARY JUSTICE BACKGROUNDS WILL BE MADE AVAILABLE TO FULLY ADVISE VICTIMS OF THEIR RIGHTS IN THE LEGAL PROCESS.  THE MARINE CORPS IS COMMITTED TO PROTECTING THE RIGHTS AND INTERESTS OF ALL VICTIMS AND THE VLCO WILL HELP ENSURE PROPER ASSISTANCE THROUGHOUT THE PROCESS.
3.  SCOPE OF REPRESENTATION
A.  VICTIMS' LEGAL COUNSEL WILL PROVIDE CONFIDENTIAL LEGAL ASSISTANCE TO ELIGIBLE VICTIMS OF CRIME IN PLACE OF LEGAL ASSISTANCE ATTORNEYS.  VLC WILL FULLY ADVISE VICTIMS OF THEIR RIGHTS IN THE MILITARY JUSTICE PROCESS AND, WHEN DETAILED, WILL REPRESENT THEM AT MILITARY JUSTICE PROCEEDINGS, IN ACCORDANCE WITH STATUTE, REGULATION, AND CASE LAW.  REPRESENTATION OF A VICTIM INVOLVES THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP AND IS ONLY AUTHORIZED WHEN A VLC IS DETAILED, ASSIGNED, OR OTHERWISE AUTHORIZED TO DO SO BY HIS OR HER DETAILING AUTHORITY, PER REFERENCE I.
B.  COLLATERAL MISCONDUCT.  IF A VICTIM MAY HAVE BEEN INVOLVED IN COLLATERAL MISCONDUCT, THE VLC WILL REFER THE VICTIM, WHEN APPROPRIATE, TO THE MARINE CORPS DEFENSE SERVICES ORGANIZATION.
C.  TRADITIONAL LEGAL ASSISTANCE.  IF A VICTIM REQUIRES TRADITIONAL LEGAL ASSISTANCE SERVICES, THE VLC WILL REFER THE VICTIM, WHEN APPROPRIATE, TO THE LEGAL ASSISTANCE OFFICE.
4.  ELIGIBILITY
A.  VICTIMS' LEGAL COUNSEL SERVICES ARE INTENDED FOR ACTIVE DUTY MILITARY MEMBERS AND RESERVISTS ON ACTIVE DUTY, AND ALL OTHER ELIGIBLE VICTIMS AS RESOURCES PERMIT.
B.  A VICTIM IS A PERSON WHO HAS SUFFERED DIRECT PHYSICAL, EMOTIONAL, OR PECUNIARY HARM AS A RESULT OF A CRIME IN VIOLATION OF THE UNIFORM CODE OF MILITARY JUSTICE.
5.  NOTIFICATION OF VICTIMS' LEGAL COUNSEL SERVICES.  VICTIMS' LEGAL COUNSEL SERVICES ARE PROVIDED TO VICTIMS OF SEXUAL ASSAULT AND OTHER CRIMES.  IN ORDER TO ENSURE THAT ALL ELIGIBLE VICTIMS ARE INFORMED OF THEIR RIGHTS UNDER REFERENCES C THROUGH H, EFFECTIVE 1 NOV 2013:
A.  SEXUAL ASSAULT VICTIMS.  UPON SEEKING ASSISTANCE FROM A SEXUAL ASSAULT RESPONSE COORDINATOR (SARC), SAPR OR FAP VICTIM ADVOCATE, MILITARY CRIMINAL INVESTIGATOR, VICTIM/WITNESS LIAISON OR COORDINATOR, OR TRIAL COUNSEL, ALL ELIGIBLE PERSONS WHO ASSERT DIRECT PHYSICAL, EMOTIONAL, OR PECUNIARY HARM AS A RESULT OF THE COMMISSION OF A SEXUAL ASSAULT SHALL BE INFORMED OF AND GIVEN THE OPPORTUNITY TO CONSULT WITH A VICTIMS' LEGAL COUNSEL.
B.  OTHER ELIGIBLE VICTIMS.  UPON SEEKING ASSISTANCE FROM A SARC, SAPR OR FAP VICTIM ADVOCATE, MILITARY CRIMINAL INVESTIGATOR, VICTIM/WITNESS LIAISON OR COORDINATOR, OR TRIAL COUNSEL, ELIGIBLE VICTIMS OF OTHER CRIMES SHALL BE INFORMED OF THE AVAILABILITY OF A VICTIMS' LEGAL COUNSEL.
6.  ACTION
A.  NO LATER THAN (NLT) 1 NOV 2013, THE MARINE CORPS VICTIMS' LEGAL COUNSEL ORGANIZATION WILL BE ESTABLISHED.  AN OFFICER IN CHARGE (OIC) (O-6 JUDGE ADVOCATE), LOCATED AT HQMC, WILL LEAD THE VLCO AND BE RESPONSIBLE FOR THE PROFESSIONAL SUPERVISION OF MARINE CORPS VLC AND THE DELIVERY OF VICTIMS' LEGAL COUNSEL SERVICES THROUGHOUT THE MARINE CORPS.  THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS (SJA TO CMC) WILL OVERSEE THE OIC, VLCO.  FOUR REGIONAL VICTIMS' LEGAL COUNSEL (RVLC) (O-4 JUDGE ADVOCATES) AND THEIR ASSIGNED VICTIMS' LEGAL COUNSEL (VLC) (O-3 JUDGE ADVOCATES) WILL BE ALIGNED WITH REGIONAL LEGAL SERVICE SUPPORT SECTIONS (LSSS) WITHIN MARINE CORPS INSTALLATION COMMANDS.  RVLC WILL BE LOCATED AT MCB CAMP LEJEUNE (RVLC-EAST), CAMP PENDLETON (RVLC-WEST), CAMP BUTLER (RVLC-PAC), AND MCB QUANTICO (RVLC-NATIONAL CAPITAL REGION (NCR)) AND WILL BEGIN PROVIDING VICTIMS' LEGAL COUNSEL SERVICES, IN GARRISON, TO VICTIMS OF SEXUAL ASSAULT OR OTHER CRIMES.  VICTIMS' LEGAL COUNSEL SERVICES FOR MARINE FORCES RESERVE UNITS WILL BE COORDINATED BY RVLC-NCR.
B.  NLT 1 JANUARY 2014, THE VLCO WILL BE AT FULL OPERATIONAL CAPABILITY TO INCLUDE VLC ASSIGNMENTS AT MCAS MIRAMAR, MCAGCC 29 PALMS, MCRD PARRIS ISLAND, AND MCB KANEOHE BAY.
C.  WHILE VLCO PERSONNEL WILL BE ADMINISTRATIVELY ATTACHED TO THE LSSS, THEY ARE UNDER THE OPERATIONAL CONTROL AND PROFESSIONAL SUPERVISION OF THE OIC, VLCO FOR THE DELIVERY OF VICTIMS' LEGAL COUNSEL SERVICES AT THEIR RESPECTIVE LOCATIONS.  MUCH LIKE THE DEFENSE SERVICES ORGANIZATION, THE VLCO SUPERVISORY CHAIN IS TO BE AUTONOMOUS FROM, AND INDEPENDENT OF, THE RESPECTIVE LSSS OICS AND MCI STAFF JUDGE ADVOCATES.  VLC WILL CONTINUE TO RECEIVE ADMINISTRATIVE AND LOGISTICAL FUNDING AND SUPPORT FROM THE COMMANDS TO WHICH THEY ARE ADMINISTRATIVELY ATTACHED, WHILE VLCO TRAINING WILL BE FUNDED BY THE VLCO.
D.  SAPR AND FAP PERSONNEL AND THEIR ORGANIZATIONS WILL ENSURE THE CHANGE OF RESPONSIBILITY FROM THE LEGAL ASSISTANCE OFFICE TO THE VLCO IS REFLECTED IN THEIR REGULATIONS, ORDERS, PAMPHLETS, BROCHURES, FLYERS, AND THE 8-DAY SAPR BRIEF.
E.  COMMANDING OFFICERS WILL ENSURE WIDEST DISSEMINATION OF THIS MARADMIN.
7.  COORDINATING INSTRUCTIONS
A.  CASE RELATED EXPENSES, WHICH MAY INCLUDE VICTIMS COUNSEL SERVICES, REMAIN THE RESPONSIBILITY OF THE CONVENING AUTHORITY PURSUANT TO REFERENCE J.
B.  THE OIC, VLCO WILL PUBLISH FURTHER GUIDANCE TO IMPLEMENT THIS MARADMIN.
C.  THIS MARADMIN WILL BE INCORPORATED INTO A PENDING CHANGE TO REFERENCE K AND WILL BE CANCELLED AT THAT TIME.
8.  APPLICABILITY.  THIS MARADMIN IS APPLICABLE TO THE TOTAL FORCE.
9.  NON-ENFORCEABILITY OF LEGAL RIGHT.  NOTHING IN THIS MARADMIN CREATES A RIGHT OR BENEFIT, SUBSTANTIVE OR PROCEDURAL, ENFORCEABLE AT LAW OR EQUITY BY A PARTY AGAINST THE UNITED STATES, ITS DEPARTMENTS, AGENCIES OR INSTRUMENTALITIES, ITS OFFICERS OR EMPLOYEES, OR ANY OTHER PERSON.
10.  RELEASE AUTHORIZED BY MAJGEN V. ARY, STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.//