R 111115Z DEC 23
MARADMIN 621/23
MSGID/GENADMIN/CMC JA WASHINGTON DC//
SUBJ/CERTIFICATION OF GOOD STANDING WITH ATTORNEY LICENSING AUTHORITY//
REF/A/MSGID:JAGINST 5803.2B/-/YMD:20160113//
REF/B/MSGID:JAGINST 5803.1E/-/YMD:20150120//
REF/C/MSGID:SECNAVINST 5430.27E/-/YMD:20190513//
REF/D/MSGID:MCO 5430.2/-/YMD:20131212//
REF/E/MSGID:MCO 5800.16/-/YMD:20180521//
NARR/REF A IS THE JUDGE ADVOCATE GENERAL OF THE NAVY INSTRUCTION ON CERTIFICATION OF GOOD STANDING WITH LICENSING AUTHORITY. REF B 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 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 IS THE MARINE CORPS ORDER DEFINING THE ROLES AND RESPONSIBILITIES OF THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS. REF E IS THE MARINE CORPS ORDER ON LEGAL SUPPORT AND ADMINISTRATION.//
POC/CAPT JOSE M. ORTIZ/-/UNIT: JUDGE ADVOCATE DIVISION PLANS AND INNOVATION (JPI)/-/TEL: 703-614-2847//
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 the references, 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.
3.  Definitions.
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 reference (a). Covered attorneys include all officers designated as judge advocates, including those assigned to a billet in which they do not practice law. 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, to be in “good standing” within a licensing jurisdiction 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 has 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;
(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 (page must be accessed or email received during the window for submission).
D.  Unsatisfactory documentation. In accordance with reference (a), examples of unsatisfactory documentation include, but are not limited to:
(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 Judge Advocate Division (JPI) proof of good standing with their licensing authority no later than 15 March 2024.
A.  Covered attorneys will provide satisfactory documentation of good standing via e-mail to JPI at GoodStanding@usmc.mil. The documentation and subject line of the e-mail must read:
"Good Standing_Last Name, FI. MI. (AD/RES/CIV)".
B.  If an individual becomes a covered attorney as defined in this MARADMIN after 15 March 2024, that attorney will provide satisfactory documentation upon entering such status to JPI. Active-duty judge advocates scheduled to EAS, resign, or retire during CY24 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.
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 references (a) and (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 Capt Ortiz at jose.m.ortiz@usmc.mil or 703-614-2847.
8.  Release authorized by MajGen D. J. Bligh, Staff Judge Advocate to the Commandant of the Marine Corps.//