In a legal emergency, we strongly urge you to exercise your legal rights under Article 31(b) of the Uniform Code of Military Justice (UCMJ) and the United States Constitution, even if you believe you are innocent.

• You have the right to remain silent when questioned by law enforcement or by your command. If you choose to exercise this right, they must cease questioning immediately and “scrupulously honor” your request.
• You have the right to be informed of the nature of the accusation against you.
• You have the right to speak to a lawyer prior to questioning. You also have a right to have a defense lawyer present during questioning. In the military, a defense lawyer will be provided at no expense.
• You have the right to be free from unreasonable searches. It is not a mere courtesy when law enforcement asks permission to search your residence, your vehicle, your bags, or your pockets. They are asking for you legal consent, which have you a right to refuse. Refusing consent will force them to get a command search authorization (a search warrant), which they might not be able to get. Also, a defense lawyer can attack the validity of the warrant later.
• Your choice to use any of these rights cannot be used against you in trial by court-martial. A prosecutor is prohibited from saying in court: “why would he remain silent unless he was guilty?” Thus, you have nothing to lose by standing on your rights.
• Law enforcement is legally permitted to lie to you during questioning. They can fabricate witnesses, evidence, or falsely claim that others have already agreed to testify against you.
• No prosecutor, law enforcement officer, or member of your command has authority to “go easy” on you. If you want to own up to your misconduct, tell your defense lawyer. He can use your willingness to negotiate a written, pre-trial agreement.

Defense Service Organization Mission Statement

The Marine Corps Defense Service Organization provides zealous, ethical and effective defense counsel services to Marines and Sailors who are facing administrative, non-judicial and judicial actions in order to protect and promote due process, statutory and constitutional rights, thereby ensuring the military justice system is both fair and just.

Defense Service Organization Creed

We are Marines - Judge Advocates and Legal Services Specialists - who are dedicated to defending our fellow Marines and Sailors, by providing them legal counsel in any matter required by statute, regulation, or otherwise authorized. We are zealous advocates for our clients, serving independently of the local chain of command and under the supervision of the Marine Corps Defense Services Organization. We zealously represent each and every client within the guidelines of the law, consistent with our professional ethics, and in accordance with our rules of practice. We selflessly perform our duties with the utmost integrity, motivation and pride, without fear of reprisal, or expectation of professional or personal gain. In the same spirit as “Taking Care of Our Own,” we are: “Marines Defending Marines.”

Scope of Legal Services

The scope of our legal services is limited to uniformed servicemembers facing military criminal prosecution. This includes non-judicial punishment, courts-martial, and administrative separations. We do not provide legal advice regarding debt relief, divorces, child custody, leases, property law, contracts, etc. You can find legal advice regarding those issues at Legal Assistance in Bldg 22161. We do not provide any legal services to dependents of uniformed servicemembers, and we do not represent uniformed servicemembers in civilian courts.

Walk-in Counseling Hours

We provide counseling for servicemembers facing non-judicial punishment (NJP), initial administrative separation notification, and summary courts-martial. We have two locations, with different counseling days:

• Defense Service Organization, Camp Pendleton Branch North

Tues. and Thurs. at 0730
Location: Bldg 53505 in the 53 Area
Phone Number: (760) 725-7551

• Defense Service Organization, Camp Pendleton Branch South

Mon., Wed., and Fri. at 0730
Location: Bldg 22185 in the 22 Area
Phone Number: (760) 725-3745

Confidentiality

You should tell the truth to your defense lawyer. You can trust that what is said in private will remain private.

• Your defense lawyer has a legal and ethical obligation to keep your secrets. According to the Rules of Professional Conduct:

A covered attorney shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs b and c.
Rule of Professional Conduct 1.6, JAG Inst. 5803.1C.
Paragraph b refers to when a lawyer suspects a client of intent to commit a crime likely to result in imminent death or substantial bodily harm. Paragraph c refers to litigation between an attorney and a client. Attorneys who violate the Rules of Professional Conduct may be subject to disciplinary action.

• Communications made in private to an attorney are covered by the attorney-client privilege. This means that these communications cannot be introduced into evidence in a trial by court-martial. According to the Military Rules of Evidence:

A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client, (1) between the client or the client’s representative and the lawyer or the lawyer’s representative, (2) between the lawyer and the lawyer’s representative, (3) by the client or the client’s lawyer to a lawyer representing another in a matter of common interest, (4) between representatives of the client or between the client and a representative of the client, or (5) between lawyers representing the client.
Military Rule of Evidence 502(a).

• If you talk to anyone other than a defense lawyer about your case, the prosecutor may be able to force that person to testify against you. This includes physicians, nurses, psychiatrists, psychologists, journalists, substance abuse counselors, social workers, parents/children, girlfriends/boyfriends, roommates, co-workers, your Commanding Officer, your Platoon Sergeant, etc. Do not talk to anyone about your case.
• We do not reveal whether a servicemember is currently talking to a lawyer or has talked to a lawyer in the past.

Professional Independence

Defense attorneys serve independently of the local chain of command. While we are administratively part of Legal Services Support Section, CLR-17, 1st MLG, the Fitness Reports for military defense lawyers here are written by the Senior Defense Counsel. The Fitness Reports for the Senior Defense Counsel are written by the Regional Defense Counsel. The Fitness Reports for the Regional Defense Counsel are written by the Chief Defense Counsel of the Marine Corps, who reports to the Staff Judge Advocate to the Commandant of the Marine Corps.

 Defense Reporting Chain

Col. John G. Baker
Chief Defense Counsel of the Marine Corps

LtCol. Paul H. Atterbury
Regional Defense Counsel Western Region

Capt. Timothy J. Kuhn	Maj. Adam J. Workman
Senior Defense Counsel Camp Pendleton North	Senior Defense Counsel Camp Pendleton South