R 072043Z NOV 14
MARADMIN 585/14
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/FY15 SPECIAL VICTIM CASE LITIGATION TRAINING CALENDAR//
REF/A/MSGID: DOD DTM 14-003//
REF/B/MSGID: SECNAVINST 1752.4B//
REF/C/MSGID: MCO 1752.5B//
REF/D/MSGID: MCO P5800.16A//
REF/E/MSGID: 10 USC 1044E//
REF/F/MSGID: FY14 NDAA, SECTION 1716//
NARR/REF (A) IS DOD REQUIREMENT FOR SPECIAL VICTIM INVESTIGATION AND PROSECUTION CAPABILITY, REF (B) IS SECNAVINST IMPLEMENTING THE SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM, REF (C) IS MCO IMPLEMENTING THE SAPR PROGRAM, REF (D) IS MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION, REF (E) IS TITLE 10, UNITED STATES CODE SECTION FOR SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF SEX-RELATED OFFENSES, AND REF (F) IS SECTION 1716 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2014//
POC/M. E. NEELY/CAPT/JCD/TEL: 703-614-1318//
GENTEXT/REMARKS/1.  PURPOSE. THE PURPOSE OF THIS MARADMIN IS TO ANNOUNCE THE FISCAL YEAR 2015 SPECIAL VICTIM CASE LITIGATION TRAINING CALENDAR FOR MARINE CORPS TRIAL COUNSEL, DEFENSE COUNSEL, VICTIMS’ LEGAL COUNSEL, AND LEGAL SUPPORT PERSONNEL.
2.  BACKGROUND
    A.  THE MARINE CORPS IS COMMITTED TO PROVIDING AN IMMEDIATE, COORDINATED, AND COMPREHENSIVE RESPONSE IN THE INVESTIGATION, PROSECUTION, LEGAL SUPPORT, AND DEFENSE OF SPECIAL VICTIM CASES INVOLVING SEXUAL ASSAULT, DOMESTIC VIOLENCE, AND CHILD ABUSE. THIS IMMEDIATE, COORDINATED RESPONSE WILL ENSURE THAT VICTIMS AND ACCUSED SERVICE MEMBERS ARE TREATED WITH DIGNITY AND RESPECT AND THAT THE MILITARY JUSTICE SYSTEM IS FAIRLY ADMINISTERED IN ACCORDANCE WITH THE DUE PROCESS CLAUSE OF THE CONSTITUTION.
    B.  SPECIAL VICTIM CASES ARE SOME OF THE MOST COMPLEX CASES TO PROSECUTE AND DEFEND DUE TO THE NATURE OF THE EVIDENCE, REQUIREMENTS FOR EXPERT TESTIMONY, AND THE NEED TO UNDERSTAND VICTIM BEHAVIORS. IN ACCORDANCE WITH THE REFERENCES, THE DEPARTMENT OF DEFENSE, THE DEPARTMENT OF THE NAVY, AND THE MARINE CORPS REQUIRE TRIAL COUNSEL, DEFENSE COUNSEL, AND VICTIMS’ LEGAL COUNSEL TO RECEIVE SPECIFIC TRAINING TO MEET THE CHALLENGES INVOLVED IN REPRESENTING CLIENTS AND LITIGATING THESE COMPLEX AND DIFFICULT CASES.
3.  ACTION
    A.  IN ORDER TO ENSURE PROPER TRAINING OF TRIAL COUNSEL, DEFENSE COUNSEL, AND VICTIMS’ LEGAL COUNSEL, AND THEIR LEGAL SUPPORT PERSONNEL, JUDGE ADVOCATE DIVISION, HQMC, SPONSORS ANNUAL TRAINING COURSES ADDRESSING SEXUAL ASSAULT PROSECUTION AND DEFENSE, AS WELL AS REPRESENTING VICTIMS OF CRIME. THESE COURSES ENSURE ALL COUNSEL UNDERSTAND THE COMPLEXITIES OF SPECIAL VICTIM CASES, INCLUDING DIGITAL FORENSICS, PHYSICAL FORENSICS, MEDICAL EVIDENCE, ETHICAL OBLIGATIONS, AND PSYCHOLOGICAL ASPECTS OF SPECIAL VICTIM CASES.
    B.  TRIAL COUNSEL ARE ADVISED THAT REFERENCE (D) REQUIRES TRIAL COUNSEL TO COMPLETE AN INTERMEDIATE LEVEL TRIAL ADVOCACY TRAINING COURSE FOR PROSECUTING SPECIAL VICTIM CASES PRIOR TO BEING DETAILED TO A SPECIAL VICTIM CASE. THIS REQUIREMENT CAN BE MET BY ATTENDING THE PROSECUTING SPECIAL VICTIM CASES COURSE OR THE TRIAL COUNSEL ASSISTANCE PROGRAM SPECIAL VICTIM INVESTIGATION AND PROSECUTION TRAINING. THIS REQUIREMENT MAY ALSO BE MET BY ATTENDING OTHER SPECIAL VICTIM COURSES OFFERED BY THE NATIONAL DISTRICT ATTORNEYS ASSOCIATION, THE AIR FORCE, OR THE ARMY ON A CASE BY CASE BASIS.
    C.  VICTIMS’ LEGAL COUNSEL ARE REQUIRED BY REFERENCES (E) AND (F) TO BE CERTIFIED BY THE JUDGE ADVOCATE GENERAL OF THE NAVY AND TO ATTEND IN-DEPTH AND ADVANCED TRAINING. JUDGE ADVOCATES ASSIGNED TO THE VICTIMS’ LEGAL COUNSEL ORGANIZATION (VLCO) MUST ATTEND ONE OF THE INITIAL CERTIFICATION COURSES LISTED BELOW. ALL PERSONNEL ASSIGNED TO THE VLCO MUST ATTEND THE ANNUAL VLCO TRAINING EVENT. ATTENDANCE AT ANY OTHER TRAINING EVENT LISTED BELOW IS OPTIONAL.
4.  COORDINATING INSTRUCTIONS
    A.  SCHEDULE. THE FOLLOWING IS A NON-EXHAUSTIVE LIST OF MISSION ESSENTIAL COURSES THAT WILL BE OFFERED THROUGHOUT FY15 THAT MEET MANDATORY TRAINING REQUIREMENTS.
       (1)  TRIAL SERVICES PERSONNEL
            (A) TCAP SPECIAL VICTIM INVESTIGATION AND PROSECUTION (SVIP) TRAINING, 2-6 FEB 15 (MCAS MIRAMAR, CA).
            (B) NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN DIGITAL FORENSICS COURSE, 6-10 APR 15 (ALEXANDRIA, VA).
            (C) UNITED STATES ARMY CRIMINAL INVESTIGATIVE LABORATORY PHYSICAL FORENSICS COURSE, 20-24 APR 15 (ATLANTA, GA).
            (D) ADVANCED COURTROOM COMMUNICATIONS, 18-22 MAY 15 (NEWPORT, RI).
            (E) INTERMEDIATE SEXUAL ASSAULT LITIGATION COURSE, 11-15 MAY 15 (LACKLAND AFB, TX).
            (F) INTERMEDIATE SEXUAL ASSAULT LITIGATION COURSE, 1-5 JUN 15 (NELLIS AFB, NV).
            (G) PROSECUTING SPECIAL VICTIM CASES, 10-14 AUG 15 (NEWPORT, RI).
       (2)  DEFENSE SERVICES PERSONNEL
            (A) NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ZEALOUS ADVOCACY IN SEXUAL ASSAULT AND CHILD VICTIM CASES, 19-21 NOV 14 (LAS VEGAS, NV).
            (B) ANNUAL DEFENSE SERVICES ORGANIZATION TRAINING, 2-6 FEB 15 (MCRD SAN DIEGO).
            (C) DEFENDING SEXUAL ASSAULT CASES, 10-14 AUG 15 (PLANO, TX).
            (D) BRONX DEFENDERS ACADEMY, TBD (BRONX, NY).
            (E) NATIONAL CRIMINAL DEFENSE COLLEGE, TBD (MACON, GA).
            (F) INSTITUTE OF CRIMINAL DEFENSE ADVOCACY, TBD (SAN DIEGO, CA).
       (3)  VICTIMS’ LEGAL COUNSEL ORGANIZATION
            (A) AIR FORCE JAG SCHOOL SPECIAL VICTIMS’ COUNSEL COURSE 15A, 5-10 JAN 15 (MAXWELL AFB, AL) (INITIAL CERTIFICATION COURSE).
            (B) INSTITUTE ON VIOLENCE, ABUSE AND TRAUMA TRAINING SUMMIT – ADOLESCENT AND ADULT TRAUMA, 31 MAR – 2 APR 15 (HONOLULU, HI).
            (C) AIR FORCE JAG SCHOOL SPECIAL VICTIMS’ COUNSEL COURSE 15B, 18-22 MAY 15 (MAXWELL AFB, AL) (INITIAL CERTIFICATION COURSE).
            (D) NATIONAL CRIME VICTIM LAW INSTITUTE CRIME VICTIM LAW CONFERENCE, 28-29 MAY 15 (PORTLAND, OR).
            (E) ARMY SPECIAL VICTIMS’ COUNSEL COURSE, 27-31 JUL 15 (CHARLOTTESVILLE, VA) (INITIAL CERTIFICATION COURSE).
            (F) VLCO-WIDE ANNUAL TRAINING EVENT, 2 DAYS (TBD), AUG 15 (MCAS MIRAMAR, CA).
    B.  IN ACCORDANCE WITH REFERENCE (D) AND IN ORDER TO ENSURE UNITY OF EFFORT, A MINIMAL IMPACT ON THE MILITARY JUSTICE DOCKET, AND HOLISTIC TRAINING OF TRIAL COUNSEL, DEFENSE COUNSEL, VICTIMS’ LEGAL COUNSEL, AND SUPPORTING PERSONNEL, THE FOLLOWING DATES ARE BLOCKED FOR REGIONAL TRAINING:
       (1) REGIONAL TRIAL/DEFENSE/VICTIMS’ LEGAL COUNSEL TRAINING: 11-12 DEC 14, 14-15 MAY 15, AND 9-10 JUL 15.
       (2) SENIOR TRIAL/DEFENSE COUNSEL TRAINING: 14 NOV 14, 16 JAN 15, 13 MAR 15, 10 APR 15, 12 JUN 15, 7 AUG 15, AND 11 SEP 15.
    C.  ADDITIONAL COURSES OFFERED BY THE NATIONAL DISTRICT ATTORNEYS ASSOCIATION, THE DEPARTMENT OF JUSTICE NATIONAL ADVOCACY CENTER, AND THE FEDERAL LAW ENFORCEMENT TRAINING CENTER ARE APPROVED FOR TRIAL SERVICES PERSONNEL TO ATTEND, BUT HAVE NOT YET BEEN SCHEDULED. ADDITIONAL COURSES OFFERED BY THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS AND TRIAL LAWYERS COLLEGE ARE APPROVED FOR DEFENSE COUNSEL TO ATTEND, BUT HAVE NOT YET BEEN SCHEDULED. PLEASE CONTACT THE TRIAL COUNSEL ASSISTANCE PROGRAM OR THE DEFENSE COUNSEL ASSISTANCE PROGRAM TO COORDINATE TRAINING AND FUNDING.
    D.  ELIGIBILITY
       (1)  ALL TRIAL COUNSEL, DEFENSE COUNSEL, VICTIMS’ LEGAL COUNSEL, AND THEIR LEGAL SUPPORT ADMINISTRATIVE OFFICERS, INVESTIGATORS, AND OTHER MARINES ARE ELIGIBLE TO ATTEND THE RESPECTIVE COURSES.
       (2)  OTHER INDIVIDUALS WHO WISH TO ATTEND THESE COURSES SHOULD CONTACT THE LISTED POC FOR FURTHER GUIDANCE.
    E.  REGISTRATION. REGISTRATION FOR ANY OF THE ABOVE LISTED COURSES WILL BE COORDINATED THROUGH THE APPROPRIATE REGIONAL TRIAL/DEFENSE/ VICTIMS’ LEGAL COUNSEL OFFICE. THE REGIONAL TRIAL/DEFENSE/VICTIMS’ LEGAL COUNSEL OFFICE WILL SUBMIT A PRIORITIZED LIST OF ATTENDEES FOR THEIR REGION TO THE TRIAL COUNSEL ASSISTANCE PROGRAM, DEFENSE COUNSEL ASSISTANCE PROGRAM, OR VLCO HEADQUARTERS, AS APPROPRIATE.
    F.  FUNDING. GUIDANCE REGARDING FUNDING WILL BE PUBLISHED BY SEPARATE CORRESPONDENCE.
    G.  CANCELLATIONS. CANCELLATIONS MUST BE RECEIVED NO LESS THAN FIVE WORKING DAYS PRIOR TO THE CONVENING DATE OF THE COURSE AND MAY BE MADE VIA EMAIL. ATTENDEES ARE RESPONSIBLE FOR CANCELLING ANY FLIGHT, ROOM, OR RENTAL CAR RESERVATIONS PREVIOUSLY MADE.
5.  RELEASE AUTHORIZED BY MAJGEN J. R. EWERS JR., STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.//