R 011520Z AUG 12
UNCLASSIFIED//
MARADMIN 416/12
MSGID/GENADMIN/CMC WASHINGTON DC DMCS//
SUBJ/PROVISION OF LEGAL SERVICES SUPPORT//
REF/A/MSGID:DOC/SJA TO CMC WASHINGTON DC/03MAY2012//
REF/B/MSGID:DOC/SJA TO CMC WASHINGTON DC/10MAY2012//
REF/C/MSGID:DOC/EOS DECISION/10MAY2012//
REF/D/MSGID:DOC/CMC WASHINGTON DC/20JUN2012//
REF/E/MSGID:DOC/SECNAV WASHINGTON DC OJAG/25APR2011//
REF/F/MSGID:DOC/SECNAV WASHINGTON DC OGC/27DEC2005//
NARR/REF A IS LEGAL REORGANIZATION BRIEF TO CMC.  REF B IS LEGAL REORGANIZATION BRIEF TO EXECUTIVE OFFSITE.  REF C IS CMC EXECUTIVE OFFSITE DECISIONS.  REF D IS SEXUAL ASSAULT PREVENTION AND RESPONSE CAMPAIGN PLAN 2012.  REF E IS SECNAVINST 5430.27D, 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 F IS SECNAVINST 5430.25E, THE GENERAL COUNSEL OF THE NAVY; ASSIGNMENT OF RESPONSIBILITIES.//
POC/M.K. JAMISON/COL/UNIT:HQMC JAD, WASHINGTON, DC/-/TEL:(703) 697-5188//
GENTEXT/REMARKS/1.  GENERAL.  THIS MESSAGE ANNOUNCES CMC-DIRECTED CHANGES TO THE MARINE CORPS MODEL FOR THE PROVISION OF LEGAL SERVICES SUPPORT.  EFFECTIVE NO LATER THAN (NLT) 1 OCTOBER 2012, ALL LEGAL SERVICES BEYOND THE ORGANIC CAPABILITY OF A COMMAND STAFF JUDGE ADVOCATE (SJA) WILL BE PROVIDED IN GARRISON BY FOUR LEGAL SERVICES SUPPORT SECTIONS (LSSS) AND NINE SUBORDINATE LEGAL SERVICES SUPPORT TEAMS (LSST).  THIS CHANGE WILL REQUIRE MODIFICATION TO TABLES OF ORGANIZATION AND COMMAND AND SUPPORT RELATIONSHIPS; RE-ALIGNMENT OF FACILITIES, EQUIPMENT, NAVY AND MARINE CORPS INTRANET SEATS, AND BUDGETS; AND REVISIONS TO LEGAL SUPPORT DOCTRINE, REGULATION, AND LOCAL STANDING OPERATION PROCEDURES.
2.  BACKGROUND.  OVER THE PAST 20 YEARS, AND MORE ACUTELY IN THIS PAST DECADE OF WAR, THE LEGAL SUPPORT MISSION HAS EVOLVED IN SCOPE, INTENSITY, AND COMPLEXITY.  THERE ARE NOW TWO DISTINCT AND COMPETING LEGAL SUPPORT MISSIONS:  A GARRISON MISSION TO PROCESS INCREASINGLY LITIGIOUS, CONTESTED AND SCRUTINIZED COURTS-MARTIAL AND AN OPERATIONAL MISSION TO PROVIDE REAL-TIME, DE-CENTRALIZED COMMAND LEGAL ADVICE TO BATTLEFIELD COMMANDERS.  AS REFLECTED IN REFERENCES A THROUGH D, TO MORE EFFECTIVELY ACCOMPLISH BOTH OF THESE VITALLY IMPORTANT MISSIONS, THE COMMANDANT DIRECTED A REORGANIZATION OF MARINE CORPS LEGAL SUPPORT TO PROVIDE FOR GREATER LEVELS OF INDIVIDUAL PROFICIENCY, ORGANIZATIONAL EFFICIENCY, AND INSTITUTIONAL ACCOUNTABILITY.
3.  ACTION
A.  NLT 1 OCTOBER 2012, FOUR LSSS'S AND NINE SUBORDINATE LSST'S WILL BE ESTABLISHED WITHIN THE REGIONAL MARINE CORPS INSTALLATION (MCI) COMMANDS TO PROVIDE LEGAL SERVICES, IN GARRISON, BEYOND THE ORGANIC CAPABILITY OF A COMMAND'S COGNIZANT SJA.
B.  FOLLOWING THE ESTABLISHMENT OF THE LSSS'S AND LSST'S WITHIN THE RESPECTIVE MCI REGIONAL COMMANDS, INDIVIDUAL INSTALLATION COMMANDERS (E.G., BASES, DEPOTS, AIR STATIONS, ETC.) WILL NO LONGER ORGANIZE AND OPERATE LAW CENTERS UNDER THE COGNIZANCE OF THEIR SJA. ADDITIONALLY, THE MARINE LOGISTICS GROUPS (MLG) WILL NO LONGER ORGANIZE AND OPERATE LSSS'S IN GARRISON.  THE MLG'S WILL RETAIN MILITARY OCCUPATIONAL SPECIALTY 44XX MARINES ON THEIR TABLES OF ORGANIZATION TO TASK ORGANIZE LSST'S FOR MARINE AIR GROUND TASK FORCE OPERATIONS BASED ON MISSION REQUIREMENTS; HOWEVER, WHILE IN GARRRISON, THOSE PERSONNEL WILL BE ASSIGNED, VIA THE FLEET ASSISTANCE PROGRAM, TO THE LSSS'S AND LSST'S ESTABLISHED UNDER THE REGIONAL MCI COMMANDS.
C.  THE LSSS'S AND SUBORDINATE LSST'S WILL PROVIDE LEGAL SERVICES SUPPORT TO COMMANDS AND INDIVIDUAL MARINES, SAILORS, FAMILY MEMBERS, AND RETIREES WITHIN THEIR DESIGNATED LEGAL SERVICES SUPPORT AREA (LSSA).  GENERALLY, EACH LSSS AND ITS RESPECTIVE LSSA WILL BE ALIGNED TO AN MCI REGION (I.E., LSSS-EAST, LSSS-WEST, LSSS-PAC, LSSS-NATIONAL CAPITAL REGION (NCR)) AND ITS RESPECTIVE MARINE EXPEDITIONARY FORCE.  MARINE FORCES RESERVE UNITS WILL RECEIVE GENERAL SUPPORT FROM LSSS-NCR.  FURTHER SUPPORTING-SUPPORTED RELATIONSHIPS WILL BE ESTABLISHED BY MARINE CORPS BULLETIN.
D.  EACH LSSS WILL CONSIST OF A REGIONAL OFFICE GEOGRAPHICALLY CO-LOCATED WITH THE RESPECTIVE REGIONAL MCI HEADQUARTERS.  LSSS REGIONAL OFFICES WILL BE LOCATED AT MCB CAMP BUTLER (LSSS-PAC), MCB CAMP LEJEUNE (LSSS-EAST), MCB CAMP PENDLETON (LSSS-WEST), AND MCB QUANTICO (LSSS-NCR).  THE LSSS REGIONAL OFFICE WILL CONSIST OF AN ADMINISTRATIVE SUPPORT OFFICE, A REGIONAL TRIAL COUNSEL OFFICE, A REGIONAL DEFENSE COUNSEL OFFICE, A REGIONAL POST-TRIAL REVIEW OFFICE, AND A REGIONAL CIVIL LAW OFFICE.
E.  EACH SUBORDINATE LSST WILL CONSIST OF A TRIAL SERVICES OFFICE, A DEFENSE SERVICES OFFICE, AN ADMINISTRATIVE LAW OFFICE, AND A LEGAL ASSISTANCE OFFICE.  PERMANENT LSST'S WILL BE LOCATED AT MCB CAMP BUTLER (CAMP FOSTER), MCB HAWAII (KANEOHE BAY), MCB CAMP LEJEUNE, MCAS CHERRY POINT, MCRD PARRIS ISLAND, MCB CAMP PENDLETON, MCAS MIRAMAR, MCAGCC TWENTY NINE PALMS, AND MCB QUANTICO.  LSST MIRAMAR WILL MAINTAIN A PERMANENT DETACHMENT AT MCAS YUMA TO PROVIDE LIMITED LEGAL SERVICES SUPPORT.  THERE WILL BE NO OTHER PERMANENT LSST'S.
F.  THE CHAIN OF COMMAND WILL RUN FROM THE OIC, LSST, UP THROUGH THE OIC, LSSS, TO THE RESPECTIVE REGIONAL MCI COMMANDER.  THE CHAIN OF COMMAND IS TO BE SEPARATE FROM, AND INDEPENDENT OF, THE RESPECTIVE MCI SJA.  THE OICS OF THE LSSS'S AND LSST'S WILL EXERCISE DIRECTION AND CONTROL OVER THEIR RESPECTIVE SECTION AND TEAMS.
G.  THE SJA TO THE COMMANDANT OF THE MARINE CORPS (SJA TO CMC) WILL PROVIDE FUNCTIONAL SUPERVISION OVER THE PROVISION OF LEGAL SERVICES THROUGH THE OIC OF EACH OF THE FOUR LSSS'S.  FUNCTIONAL SUPERVISION IS TITLE 10 AUTHORITY DELEGATED BY THE SECRETARY OF THE NAVY AND CMC TO THE SJA TO CMC TO EXERCISE SERVICE-LEVEL SUPERVISION (I.E. OVERSIGHT) OVER THE PERFORMANCE OF LEGAL SUPPORT TASKS WITHIN SPECIFIED LEGAL FUNCTIONAL AREAS.  FUNCTIONAL SUPERVISION INCLUDES THE AUTHORITY TO FORMULATE, PROMULGATE, INSPECT AND ENFORCE UNIFORM STANDARDS AND PROCEDURES FOR THE PERFORMANCE OF LEGAL SUPPORT TASKS. THIS AUTHORITY DOES NOT INCLUDE DIRECTION AND CONTROL OF THE INDIVIDUAL JUDGE ADVOCATES, LEGAL SERVICES SPECIALISTS OR OTHER LEGAL SUPPORT PROVIDERS IN THE PERFORMANCE OF THEIR DUTIES. DIRECTION AND CONTROL OF LEGAL SUPPORT PERSONNEL REMAINS AN INHERENT FUNCTION OF THE SERVICE AND OPERATIONAL CHAINS OF COMMAND.
H.  THIS CHANGE GENERALLY WILL NOT AFFECT THE PROVISION OF COMMAND LEGAL ADVICE.  THERE ARE TWO TYPES OF SERVICE-LEVEL LEGAL SUPPORT: COMMAND LEGAL ADVICE AND LEGAL SERVICES.  COMMAND LEGAL ADVICE AND LEGAL SERVICES ARE PROVIDED ACROSS SEVERAL FUNCTIONAL AREAS, INCLUDING MILITARY JUSTICE, OPERATIONAL LAW, ADMINISTRATIVE LAW, CIVIL LAW, LEGAL ASSISTANCE, CLAIMS, AND ETHICS.  COMMAND LEGAL ADVICE WILL CONTINUE TO BE PROVIDED BY THE COMMAND'S COGNIZANT SJA. THE COGNIZANT SJA MAY CONTINUE TO PROVIDE LIMITED LEGAL SERVICES WITHIN THE CAPABILITIES OF THE OFFICE AS A FUNCTION OF COMMAND SERVICES, BUT SUCH SERVICES WILL NOT INCLUDE TRIAL AND/OR DEFENSE SERVICES.
I.  THIS MARADMIN DOES NOT APPLY TO, NOR DOES IT AFFECT, THE LEGAL SUPPORT CURRENTLY PROVIDED AT THE DEPARTMENT-LEVEL BY THE OFFICE OF THE JUDGE ADVOCATE GENERAL OR THE COUNSEL FOR THE COMMANDANT, AS DEFINED IN REFERENCES E AND F.  THIS MARADMIN DOES NOT APPLY TO, NOR DOES IT AFFECT FITNESS REPORT RELATIONSHIPS, DETAILING AUTHORITIES, OR SUPERVISORY ATTORNEY/JUDGE RESPONSIBILITIES FOR THOSE MARINE JUDGE ADVOCATES CURRENTLY ASSIGNED AS A MILITARY JUDGE OR DEFENSE COUNSEL.
J.  THE DEPUTY COMMANDANT FOR COMBAT DEVELOPMENT AND INTEGRATION WILL PROMULGATE A 5400 SERIES MARINE CORPS BULLETIN NLT 31 AUGUST 2012 IMPLEMENTING THE ORGANIZATIONAL CHANGES OUTLINED IN REFERENCES A THROUGH D AND THIS MARADMIN.
K.  THE SJA TO CMC WILL PROMULGATE A 5800 SERIES MARINE CORPS BULLETIN NLT 31 AUGUST 2012 ESTABLISHING UNIFORM STANDARDS, POLICIES, AND PROCEDURES FOR THE OPERATION OF THE LSSS'S AND SUBORDINATE LSST'S ESTABLISHED IN THE 5400 SERIES BULLETIN.
L.  IN ORDER TO TRANSITION TO FULL OPERATING CAPABILITY NLT 1 OCTOBER 2012, THE REGIONAL MCI COMMANDS WILL ESTABLISH INITIAL OPERATING CAPABILITY (IOC) NLT 1 AUGUST 2012.  NLT 1 AUGUST 2012, THE REGIONAL MCI COMMANDS WILL ESTABLISH, AND THE MANPOWER AND RESERVE AFFAIRS (MRA) DEPARTMENT WILL STAFF, THE LSSS REGIONAL OFFICE (SEE PARAGRAPH 3A ABOVE FOR LSSS REGIONAL OFFICE ORGANIZATION) WITHIN THEIR COMMANDS.  DURING IOC, THE LSSS OIC WILL, WITHIN THEIR RESPECTIVE LSSA, EXERCISE FUNCTIONAL SUPERVISION, ON BEHALF OF THE SJA TO CMC, OVER THE PROVISION OF LEGAL SERVICES BY CURRENT INSTALLATION LAW CENTERS AND MLG LSSS'S; EXERCISE EXCLUSIVE DETAILING AUTHORITY (DELEGABLE) FOR ALL JUDGE ADVOCATES TO BE DETAILED AS TRIAL COUNSEL, ASSISTANT TRIAL COUNSEL, RECORDER, OR ASSISTANT RECORDER TO COURTS-MARTIAL, ADMINISTRATIVE SEPARATION BOARDS AND BOARDS OF INQUIRY; AND, EXERCISE COORDINATION AUTHORITY WITH COMMANDERS, SJA'S, AND OTHER IMPACTED 44XX MARINES AND CIVILIAN PERSONNEL AS REQUIRED.
4.  THIS MARADMIN IS APPLICABLE TO THE TOTAL FORCE MARINE FORCE.
5.  RELEASE AUTHORIZED BY GENERAL JAMES F. AMOS, COMMANDANT OF THE MARINE CORPS.//