R 252148Z JAN 12
UNCLASSIFIED//
MARADMIN 049/12
MSGID/GENADMIN/CMC WASHINGTON DC HQMC JA//
SUBJ/CERTIFICATION OF GOOD STANDING WITH ATTORNEY LICENSING AUTHORITY//
REF/A/MSGID:JAGINST 5803.1C/-/YMD:20041109//
REF/B/MSGID:JAGINST 5803.2A/-/YMD:20091109//
REF/C/MSGID:SECNAVINST 5430.27D/-/YMD:20110425//
NARR/REFERENCE A IS THE NAVY JUDGE ADVOCATE GENERAL INSTRUCTION ON THE PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL.  REFERENCE B IS THE NAVY JUDGE ADVOCATE GENERAL INSTRUCTION ON CERTIFICATION OF GOOD STANDING WITH LICENSING AUTHORITY.  REFERENCE 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//
POC/CAPT J. BROWN/-/UNIT:JUDGE ADVOCATE SUPPORT/-/TEL:703-693-8405//
GENTEXT/REMARKS/1.  THE PURPOSE OF THIS MARADMIN IS TO PUBLISH SPECIFIC GUIDANCE ON REQUIREMENTS FOR BIENNIAL CERTIFICATION OF GOOD STANDING WITH ATTORNEY LICENSING AUTHORITY AS REQUIRED BY REFS A AND B.
2.  THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS (SJA TO CMC) HAS PROFESSIONAL SUPERVISORY AUTHORITY OVER ALL ACTIVE DUTY AND RESERVE JUDGE ADVOCATES AND CIVILIAN ATTORNEYS UNDER HIS COGNIZANCE IN HIS CAPACITY AS THE RULES COUNSEL IN ACCORDANCE WITH REFS A AND C. ACCORDINGLY, SJA TO CMC IS RESPONSIBLE FOR CERTIFYING THAT ALL JUDGE ADVOCATES AND OTHER ATTORNEYS UNDER HIS COGNIZANCE REMAIN IN GOOD STANDING WITH THEIR LICENSING AUTHORITIES.  THIS REQUIREMENT DOES NOT INCLUDE THOSE CIVIL SERVICE OR CIVILIAN ATTORNEYS WHO PRACTICE LAW UNDER THE COGNIZANCE AND SUPERVISION OF THE COUNSEL FOR THE COMMANDANT.
3.  ALL "COVERED ATTORNEYS" ARE REQUIRED TO PROVIDE PROOF OF "GOOD STANDING" WITH THEIR LICENSING AUTHORITY NO LATER THAN 1 APRIL 2012.  ACTIVE DUTY JUDGE ADVOCATES AND ALL MARINE CORPS CIVILIAN AND CONTRACT ATTORNEYS PRACTICING UNDER THE AUTHORITY OF REF A MUST PROVIDE "SATISFACTORY DOCUMENTATION" OF GOOD STANDING TO CAPT JASON BROWN, JUDGE ADVOCATE SUPPORT (JAS), JASON.P.BROWN1@USMC.MIL.  IF AN ACTIVE DUTY JUDGE ADVOCATE OR A MARINE CORPS CIVILIAN OR CONTRACT ATTORNEY PRACTICING UNDER THE AUTHORITY OF REF A BECOMES A COVERED ATTORNEY AS DEFINED IN THIS MARADMIN AFTER 1 APRIL 2012, THAT ATTORNEY WILL PROVIDE SATISFACTORY DOCUMENTATION TO JAS UPON ENTERING SUCH STATUS.  RESERVE JUDGE ADVOCATES MUST PROVIDE SATISFACTORY DOCUMENTATION OF GOOD STANDING TO LTCOL MICHAEL BLESSING, RESERVE LEGAL SERVICES SUPPORT SECTION (JRS), MICHAEL.BLESSING@USMC.MIL.  IF A RESERVE JUDGE ADVOCATE BECOMES A COVERED ATTORNEY AS DEFINED IN THIS MARADMIN AFTER 1 APRIL 2012, THAT ATTORNEY WILL PROVIDE SATISFACTORY DOCUMENTATION TO JRS UPON ENTERING SUCH STATUS.  SUPERVISORY ATTORNEYS, AS PROVIDED IN REF A, SHALL ENSURE THAT ALL SUBORDINATE COVERED ATTORNEYS UNDER THEIR COGNIZANCE ARE IN COMPLIANCE WITH THE REQUIREMENTS OF REFS A AND B AND THIS MARADMIN.
4.  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 CIVILIAN AND CONTRACT ATTORNEYS WHO ARE PRACTICING UNDER THE AUTHORITY OF REF A.
   B.  GOOD STANDING.  IN ACCORDANCE WITH REFS 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 JURISDICTION HAS WAIVED); AND
      (5) HAS MET SUCH OTHER REQUIREMENTS AS THE JURISDICTION HAS SET FOR ELIGIBILITY TO PRACTICE LAW.
NOTE:  SO 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 REFS A AND B AND THIS MARADMIN.
   C.  SATISFACTORY DOCUMENTATION.  IN ACCORDANCE WITH REF A, SATISFACTORY DOCUMENTATION INCLUDES:
      (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 (FOUND IN PARAGRAPH 4B ABOVE);
      (3) A COPY OF THE INDIVIDUAL'S BAR CARD WITH DATE, CURRENT WITHIN THE WINDOW FOR SUBMISSION (FROM 15 JANUARY 2012 TO 1 APRIL 2012);
      (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.
NOTE:  EXAMPLES OF UNSATISFACTORY DOCUMENTATION PROVIDED AT REF B.
5.  ATTORNEYS LICENSED IN MULTIPLE JURISDICTIONS NEED ONLY PROVIDE PROOF OF GOOD STANDING FOR ONE JURISDICTION.  COUNSEL ARE REMINDED, HOWEVER, THAT ATTORNEYS ARE REQUIRED TO REPORT INITIATION OF A DISCIPLINARY INVESTIGATION OR ADVERSE ACTION BY ANY JURISDICTION IN WHICH AN ATTORNEY IS LICENSED.
6.  INDIVIDUALS WITH ADDITIONAL QUESTIONS SHOULD CONTACT CAPT JASON P. BROWN AT (703) 693-8405 OR DSN 223-8405.
7.  RELEASE AUTHORIZED BY MAJGEN V. ARY, STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.//