R 182115Z DEC 15
MARADMIN 638/15
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/FY16 SPECIAL VICTIM CASE LITIGATION TRAINING CALENDAR//
REF/A/MSGID: DOD DTM 14-003//
REF/B/MSGID: SECNAVINST 1752.4B//
REF/C/MSGID: MCO 1752.5B//
REF/D/MSGID: MCO P5800.16A//
REF/E/MSGID: 10 USC 1044E//
REF/F/MSGID: CDC PM 1.1//
REF/G/MSGID: CDC PM 2.1//
NARR/REF (A) IS DOD REQUIREMENT FOR SPECIAL VICTIM INVESTIGATION AND PROSECUTION CAPABILITY, REF (B) IS SECNAVINST IMPLEMENTING THE SEXUAL ASSAULT PREVENTION AND RESPONSE (SAPR) PROGRAM, REF (C) IS MCO IMPLEMENTING THE SAPR PROGRAM, REF (D) IS MARINE CORPS MANUAL FOR LEGAL ADMINISTRATION, REF (E) IS TITLE 10, UNITED STATES CODE SECTION FOR SPECIAL VICTIMS’ COUNSEL FOR VICTIMS OF SEX-RELATED OFFENSES, AND REF (F) IS CHIEF DEFENSE COUNSEL OF THE MARINE CORPS’ POLICY MEMO FOR THE MISSION OF THE DEFENSE SERVICES ORGANIZATION, AND REF (G) IS CHIEF DEFENSE COUNSEL OF THE MARINE CORPS’ POLICY MEMO ON NEW MEMBER TRAINING//
POC/M. E. NEELY/CAPT/JCD/TEL: 703-614-1318//
GENTEXT/REMARKS/1.  Purpose. The purpose of this MARADMIN is to announce the fiscal year 2016 special victim case litigation training calendar for Marine Corps trial counsel, defense counsel, victims’ legal counsel, and legal support personnel.
2.  Background
    a.  The Marine Corps is committed to providing an immediate, coordinated, and comprehensive response in the investigation, prosecution, legal support, and defense of special victim cases involving sexual assault, domestic violence, and child abuse. This immediate, coordinated response will ensure that victims and accused service members are treated with dignity and respect and that the military justice system is fairly administered in accordance with the due process clause of the constitution.
    b.  Special victim cases are some of the most complex cases to prosecute and defend due to the nature of the evidence, requirements for expert testimony, and the need to understand victim behaviors. In accordance with the references, the Department of Defense, the Department of the Navy, and the Marine Corps require trial counsel, defense counsel, and victims’ legal counsel to receive specific training to meet the challenges involved in representing clients and litigating these complex and difficult cases.
3.  Action
    a.  In order to ensure proper training of trial counsel, defense counsel, and victims’ legal counsel, and their legal support personnel, Judge Advocate Division, HQMC, sponsors annual training courses addressing sexual assault prosecution and defense, as well as representing victims of crime. These courses ensure all counsel understand the complexities of special victim cases, including digital forensics, physical forensics, medical evidence, ethical obligations, and psychological aspects of special victim cases.
    b.  Trial counsel are advised that reference (d) requires trial counsel to complete an intermediate level trial advocacy training course for prosecuting special victim cases prior to being detailed to a special victim case. This requirement can be met by attending the Prosecuting Special Victim Cases course or the Trial Counsel Assistance Program Special Victim Investigation and Prosecution training. This requirement may also be met by attending other special victim courses offered by the National District Attorneys Association, the Air Force, or the Army on a case by case basis.
    c.  Victims’ legal counsel are required by reference (e) to be certified by the Staff Judge Advocate to the Commandant of the Marine Corps and to attend in-depth and advanced training. Judge advocates assigned to the Victims’ Legal Counsel Organization (VLCO) must attend one of the initial certification courses listed below. All personnel assigned to the VLCO must attend the annual VLCO training event. Attendance at any other training event listed below is optional.
4.  Coordinating instructions
    a.  Schedule. The following is a non-exhaustive list of mission essential courses that will be offered throughout FY16 that meet mandatory training requirements.  Counsel are encouraged to identify other applicable training events individually.
       (1) Trial services personnel
            (a) TCAP special victim investigation and prosecution (SVIP) training, 1-5 Feb 16 (Camp Pendleton, CA).
            (b) TCAP special victim investigation and prosecution (SVIP) training, 29 Feb-4 Mar 16 (Camp Lejeune, NC).
            (c) Intermediate Sexual Assault Litigation Course, 11-13 Apr 16 (Nellis AFB, NV).
            (d) Intermediate Sexual Assault Litigation Course, 9-13 May 16 (Maxwell AFB, AL).
            (e) Intermediate Sexual Assault Litigation Course, 18-20 May 16 (Lackland AFB, TX).
            (f) Prosecuting Special Victim Cases, 8-12 aug 16 (Newport, RI).
      (2)  Defense services personnel
            (a) Chief Defense Counsel Annual World–wide Community Training, 1-5 Feb 16 (MCRD San Diego).
            (b) Defense Counsel Orientation, 17-19 May 16 (Naval Justice School, Norfolk, VA)
            (c) Defending Sexual Assault Cases, 8-12 Aug 16 (Naval Justice School, Plano, TX)
            (d) Defense Counsel Orientation, 29 Aug – 2 Sep 16 (Naval Justice School, San Diego, CA)
      (3) VLCO
            (a) SVC Certification Course (Army sponsored)
                 (i) 18-22 Jan 16
                 (ii) 16-25 May 16
                 (iii) 8-12 Aug 16
            (b) VLCO Symposium, 1-5 Feb 16
            (c) SVC Child Abuse Course, 12-15 Sep 16 (Army Sponsored)
      (4) Other Military Sponsored Training
            (a) Intermediate Trial Advocacy, 1-13 Mar 16 (The Judge Advocate General’s Legal Center and School, Charlottesville, VA)
            (b) Basic Trial Advocacy, 4-8 Apr 16 (Naval Justice School, San Diego, CA)
            (c) Litigating Complex Cases, 9-13 May 16 (Naval Justice School, Newport, RI)
            (d) Basic Trial Advocacy, 26-30 Sep 16 (Naval Justice School, Norfolk, VA)
            (e) Forensic Testing, Dates TBD (U.S. Army Criminal Investigation Laboratory, Atlanta, GA)
      (5) Civilian Training Events
            (a) Bronx Defenders Academy, 1-5 Jun 16 (Bronx Defenders, Bronx, NY)
            (b) Defending the Damned–Criminal Defense Litigation, 10-18 Jun 16 (Trial Lawyers College, Dubois, WY)
    b.  In accordance with reference (d) and in order to ensure unity of effort, a minimal impact on the military justice docket, and holistic training of trial counsel, defense counsel, victims’ legal counsel, and supporting personnel, the following dates are blocked for training:
 (1) Regional Training
                 (i) 21-22 Apr 16
                 (ii) 14-15 Jul 16
        (2) Senior Counsel Training
                 (i) 15 Jan 16
                 (ii) 18 Mar 16
                 (iii) 20 May 16
                 (iv) 17 Jun 16
                 (v) 23 Sep 16
    c.  Additional courses offered by the National District Attorneys Association, the Department of Justice National Advocacy Center, and the Federal Law Enforcement Training Center are approved for trial services personnel to attend, but have not yet been scheduled. Additional courses offered by the National Association of Criminal Defense Lawyers and Trial Lawyers College are approved for defense counsel to attend, but have not yet been scheduled. Please contact the Trial Counsel Assistance Program or the Defense Counsel Assistance Program to coordinate training and funding.
    d.  Eligibility
       (1)  All trial counsel, defense counsel, victims’ legal counsel, and their legal administrative officers, investigators, and other Marines are eligible to attend the respective courses.
       (2)  Other individuals who wish to attend these courses should contact the listed POC for further guidance.
    e.  Registration. Registration for any of the above listed courses will be coordinated through the appropriate regional trial/defense/ victims’ legal counsel office. The regional trial/defense/victims’ legal counsel office will submit a prioritized list of attendees for their region to the Trial Counsel Assistance Program, Defense Counsel Assistance Program, or VLCO headquarters, as appropriate.
    f.  Funding. Guidance regarding funding will be published by separate correspondence.
    g.  Cancellations. Cancellations must be received no less than five working days prior to the convening date of the course and may be made via email. Attendees are responsible for cancelling any flight, room, or rental car reservations previously made.
5.  Release authorized by MajGen J. R. Ewers Jr., Staff Judge Advocate to the Commandant of the Marine Corps.//