MARADMINS : 702/13
R 311551Z Dec 13
UNCLASSIFIED/
MARADMIN 702/13
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/ROLES AND RESPONSIBILITIES OF THE SJA TO CMC//
REF/A/MSGID: MCO 5430.2//
REF/B/MSGID: 10 U.S.C. SEC 5046//
REF/C/MSGID: 10 U.S.C. SEC 5041//
REF/D/MSGID: 10 U.S.C. SEC 806//
REF/E/MSGID: 10 U.S.C. SEC 1044//
REF/F/MSGID: MARADMIN 416/12//
REF/G/MSGID: MCBUL 5800 OF 11 MAR 2013//
NARR/REF A IS THE MARINE CORPS ORDER DEFINING THE ROLES AND RESPONSIBILITIES OF THE SJA TO CMC, REF B IS SJA TO CMC STATUTORY AUTHORITY, REF C IS STATUTORY COMPOSITION AND FUNCTION OF HQMC, REF D IS JUDGE ADVOCATE ASSIGNMENT AND SUPERVISION STATUTORY AUTHORITY, REF E IS LEGAL ASSISTANCE STATUTORY AUTHORITY, REF F IS MARADMIN ON PROVISION OF LEGAL SERVICES SUPPORT, AND REF G IS MCBUL ON PROVISION OF LEGAL SUPPORT WITHIN THE MARINE CORPS.//
POC/J. G. BAKER/COL/CDSP, JAD, HQMC/TEL: (703) 693-9304//
GENTEXT/REMARKS/1. GENERAL. THIS MESSAGE ANNOUNCES THE PUBLICATION OF MARINE CORPS ORDER (MCO) 5430.2, REFERENCE (A), WHICH DEFINES THE ROLES AND RESPONSIBILITIES OF THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS (SJA TO CMC) WITHIN THE MARINE CORPS. THE ORDER ASSIGNS THE SJA TO CMC AS A FUNCTIONAL PROPONENT FOR COMMAND LEGAL ADVICE AND LEGAL SERVICES, AS WELL AS FUNCTIONAL SUPERVISOR OVER THE PERFORMANCE OF LEGAL SUPPORT FUNCTIONS. MCO 5430.2 ALSO HELPS DEFINE THE ROLE OF MARINE JUDGE ADVOCATES IN SUPPORT OF COMMANDERS.
2. THE PUBLICATION OF MCO 5430.2 IS THE LATEST STEP IN ELEVATING THE PRACTICE OF LAW WITHIN THE MARINE CORPS. THE ORDER IMPLEMENTS THE INCREASED STATUTORY ROLES AND RESPONSIBILITIES OF THE SJA TO CMC DELINEATED IN THE FISCAL YEAR 2013 NATIONAL DEFENSE AUTHORIZATION ACT (FY13 NDAA), REFERENCES (B) THROUGH (E). IT BUILDS UPON THE COMMANDANT OF THE MARINE CORPS (CMC)-DIRECTED REORGANIZATION OF THE MARINE LEGAL COMMUNITY; THE ESTABLISHMENT OF THE DEFENSE SERVICES ORGANIZATION (DSO) AND THE VICTIMS' LEGAL COUNSEL ORGANIZATION (VLCO); THE CREATION OF LEGAL SERVICES INSPECTION PROGRAMS; AND RECENT EFFORTS TO UPDATE AND IMPROVE THE TRAINING AND READINESS OF MARINE JUDGE ADVOCATES THROUGHOUT THE CORPS.
3. THESE INITIATIVES HAVE BEEN PART OF A COMPREHENSIVE EFFORT WITHIN THE MARINE CORPS TO ENHANCE THE PROVISION OF LEGAL SUPPORT TO COMMANDERS, INDIVIDUAL MARINES AND SAILORS, THEIR FAMILIES, AND VICTIMS OF CRIME. FROM SUCCESSFULLY ADVOCATING FOR ADDITIONAL STATUTORY AUTHORITY TO THE PUBLICATION OF MCO 5430.2, THE MARINE CORPS HAS AGGRESSIVELY SOUGHT TO IMPROVE THE QUALITY AND SUPERVISION OF THE PRACTICE OF LAW. TOGETHER, THE FY13 NDAA AMENDMENTS AND MCO 5430.2 ESTABLISH A SERVICE-LEVEL LEGAL BILLET ACCOUNTABLE TO THE COMMANDANT FOR THE LEGAL SUPPORT MISSION. AS A FUNCTIONAL PROPONENT, THE SJA TO CMC ASSISTS THE CMC AND RELEVANT FUNCTIONAL ADVOCATES BY IDENTIFYING CAPABILITIES, DEFICIENCIES, AND SOLUTIONS RELATED TO LEGAL SUPPORT STRUCTURE AND STAFFING. AS A FUNCTIONAL SUPERVISOR, THE SJA TO CMC FORMULATES, PROMULGATES, INSPECTS, AND ENFORCES UNIFORM STANDARDS AND PROCEDURES FOR THE PERFORMANCE OF LEGAL SUPPORT TASKS IN THE AREAS OF MILITARY JUSTICE, ADMINISTRATIVE LAW, OPERATIONAL LAW, LEGAL ASSISTANCE, VICTIMS' LEGAL SERVICES, CERTAIN CIVIL LAW CAPABILITIES, AND LEGAL SUPPORT ADMINISTRATION.
4. IN FURTHERANCE OF THE THESE ROLES, THE RECENT REORGANIZATION OF THE MARINE LEGAL COMMUNITY AND THE CREATION OF THE INDEPENDENT DSO AND VLCO HAVE PROVIDED FOR INCREASED SUPERVISION OVER JUDGE ADVOCATES. BALANCED BY THE DSO AND VLCO, THIS REORGANIZATION, DESCRIBED IN REFERENCES (F) AND (G), ENHANCED THE MARINE CORPS PROSECUTION CAPABILITY BY CREATING REGIONAL TRIAL COUNSEL OFFICES, COMPLEX TRIAL TEAMS, AND TRIAL SERVICES OFFICES. THESE MUTUALLY SUPPORTING EFFORTS HAVE GIVEN MARINES, SAILORS, AND VICTIMS THE BEST PROSECUTORS, DEFENSE COUNSEL, AND VICTIMS' LEGAL COUNSEL POSSIBLE.
5. THE DEPUTY DIRECTOR, JUDGE ADVOCATE DIVISION FOR COMMUNITY DEVELOPMENT, STRATEGY, AND PLANS (CDSP) IS THE POINT OF CONTACT AND THE PRIMARY OFFICER RESPONSIBLE FOR THE FUNCTIONAL SUPERVISION MISSION.
6. RELEASE AUTHORIZED BY MAJGEN V. ARY, STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.//