R 131245Z Feb 20
MSGID/GENADMIN/CMC WASHINGTON DC DMCS//
SUBJ/CERTIFICATION OF GOOD STANDING WITH ATTORNEY LICENSING AUTHORITY//
REF/A/DOC/OJAG CODE 13/16JAN16//
REF/B/DOC/OJAG CODE 13/20JAN15//
NARR/REF A, JAGINST 5803.2B IS THE JUDGE ADVOCATE GENERAL OF THE NAVY INSTRUCTION ON CERTIFICATION OF GOOD STANDING WITH LICENSING AUTHORITY. REF B, JAGINST 5803.1E IS THE JUDGE ADVOCATE GENERAL OF THE NAVY INSTRUCTION ON THE PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL. REF C, SECNAVINST 5430.27E IS THE SECRETARY OF THE NAVY INSTRUCTION ON RESPONSIBILITY OF THE JUDGE ADVOCATE GENERAL OF THE NAVY AND THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS FOR SUPERVISION AND PROVISION OF CERTAIN LEGAL SERVICES. REF D, MCO 5430.2 IS THE MARINE CORPS ORDER DEFINING THE ROLES AND RESPONSIBILITIES OF THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.//
POC/A. GAUVIN/CAPT/UNIT: JUDGE ADVOCATE PLANS AND INNOVATION (JPI)/-/TEL: 703-693-8405//
GENTEXT/REMARKS/ 1. The purpose of this MARADMIN is to publish specific guidance on the biennial requirement for all active duty and reserve Marine Corps judge advocates and civilian attorneys practicing under the cognizance of the Staff Judge Advocate to the Commandant of the Marine Corps (SJA to CMC), to provide proof of “good standing” with their licensing authority, as required by references (a) and (b).
2. In accordance with references (b) through (d), the SJA to CMC, in his capacity as the Rules Counsel, has professional supervisory authority over all active duty and reserve judge advocates and civilian attorneys practicing under his cognizance.
a. Covered attorneys. For the purpose of this MARADMIN, covered attorneys include all active duty Marine judge advocates, Selected Marine Corps Reserve judge advocates, Active Reserve judge advocates, judge advocates on active duty for operational support, individual mobilization augmentee judge advocates, judge advocates assigned to a mobilization training unit, other reserve judge advocates on official orders, and Marine Corps civil service attorneys practicing under the cognizance of the SJA to CMC per the authority in reference (b). Covered attorneys do not include civil service or civilian attorneys who practice law under the cognizance and supervision of the Navy General Counsel.
b. Good standing. In accordance with references (a) and (b), at a minimum, “good standing” means that the covered attorney:
(1) is subject to the jurisdiction's disciplinary review process;
(2) has not been suspended or disbarred from the practice of law within the jurisdiction;
(3) is current in the payment of all required fees;
(4) has met applicable continuing legal education requirements which the jurisdiction has imposed (or the cognizant authority has waived); and
(5) has met any other requirements the cognizant authority set for eligibility to practice law. Note: As long as the covered attorney meets the above conditions, he or she may be "inactive" as to the practice of law within a particular jurisdiction and still be in good standing for purposes of references (a) and (b) and this MARADMIN.
c. Satisfactory documentation. In accordance with reference
(a), examples of satisfactory documentation include:
(1) a letter from the state licensing authority stating the individual is in good standing;
(2) a letter from the state licensing authority certifying compliance with the five criteria listed in the definition of good standing;
(3) a copy of the individual's bar card with date, current within the window for submission (from 15 January 2020 to 15 March 2020);
(4) for covered attorneys who are judges in civilian courts or others who are prohibited from being members of state bars, written certification that they have met the five criteria listed in the definition of good standing; and
(5) internet or e-mail verification from state licensing authority noting the individual is in good standing or meets the five criteria listed in the definition of good standing.
d. Unsatisfactory documentation. In accordance with reference
(a), examples of unsatisfactory documentation include:
(1) copy of bar card with no date or indication of whether it is current;
(2) receipt reflecting payment of current fees;
(3) certificate of completion of minimum continuing legal education requirements; and
(4) state listing of attorneys by name.
4. The SJA to CMC is responsible for ensuring that all judge advocates and other attorneys under his cognizance remain in good standing with their licensing authorities. Thus, all covered attorneys are required to provide to JPI proof of good standing with their licensing authority no later than 15 March 2020.
a. Covered attorneys will provide satisfactory documentation of good standing by sending the document via e-mail to JPI at GoodStanding@usmc.mil and include their senior judge advocate in their operational chain of command on the copy line, if applicable. The subject line of the e-mail must read "Good Standing_(Attorney's Last Name)".
b. If an individual becomes a covered attorney as defined in this MARADMIN after 15 March 2020, that attorney will provide satisfactory documentation upon entering such status to JPI. Active duty judge advocates scheduled to EAS, resign, or retire during CY20 must still submit proof of good standing.
c. Supervisory attorneys or the senior judge advocate in the operational chain of command will ensure all covered attorneys under their cognizance comply with the requirements of this MARADMIN. Legal Services Support Section Officers in Charge are responsible for all counsel under their supervision who are not serving as a defense counsel or victims' legal counsel. The Chief Defense Counsel and the Victims’ Legal Counsel Officer-in-Charge are responsible for ensuring the attorneys under their supervision comply with this MARADMIN. All Marine judge advocates at school, in joint commands, at counsels offices, in non-legal billets, etc., shall add their supervisory counsel to the copy line, if applicable.
5. Covered attorneys licensed in multiple jurisdictions only need to provide proof of “good standing” for one jurisdiction. Covered attorneys are reminded, however, that they are required to report initiation of a disciplinary investigation or adverse action by any jurisdiction in which they are licensed.
6. Failure to provide satisfactory proof of “good standing” may result in professional disciplinary action as provided for in reference (b), including suspension or loss of certification under Article 26 and/or Article 27(b), Uniform Code of Military Justice, adverse entries in military service records, and administrative separation under SECNAVINST 1920.6 (series) based on the officer's failure to maintain professional qualifications. In the case of civil service attorneys practicing under the cognizance and supervision of the SJA to CMC, failure to provide proof of “good standing” may result in adverse administrative action under applicable personnel regulations, including termination of employment.
7. Additional questions should be directed to POC.
8. Release authorized by John J. Broadmeadow, Lieutenant General, Director, Marine Corps Staff.//