R 122151Z JAN 16
MARADMIN 021/16
MSGID/GENADMIN/CMC WASHINGTON DC HQMC JA//
SUBJ/CERTIFICATION OF GOOD STANDING WITH ATTORNEY LICENSING AUTHORITY//
REF/A/MSGID: JAGINST 5803.2A/-/YMD: 20091109//
REF/B/MSGID: JAGINST 5803.1E/-/YMD: 20150120//
REF/C/MSGID: SECNAVINST 5430.27D/-/YMD: 20110425//
REF/D/MSGID: MCO 5430.2/-/YMD: 20131213//
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 COMMANDANT OF THE MARINE CORPS.//
POCS/LTCOL JOHN CHERRY/-/UNIT: JUDGE ADVOCATE COMMUNITY DEVELOPMENT (JCD)/-/TEL: 703-693-8161 AND CAPT GRANT MCDOWELL/-/UNIT: JUDGE ADVOCATE COMMUNITY DEVELOPMENT (JCD)/-/TEL: 703-693-8405//
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 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 references (b) through (d), the 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.  Accordingly, 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.  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, or trial or appellate military judges.
3.  All covered attorneys are required to provide proof of good standing with their licensing authority no later than 1 April 2016.
a.  All active duty judge advocates, and Marine Corps civilian and contract attorneys (e.g., highly qualified experts) under the cognizance of the SJA to CMC who practice under the authority of reference (b), must provide satisfactory documentation of good standing via their supervisory attorney to their Legal Services Support Section Officer In Charge (LSSS OIC), Staff Judge Advocate (SJA), Chief Defense Counsel (CDC), or Officer In Charge Victims' Legal Counsel Organization (OIC, VLCO) for consolidation and forwarding to Capt Grant McDowell, Judge Advocate Community Development (JCD), grant.mcdowell@usmc.mil.
b.  All active duty judge advocates serving under the Counsel for the Commandant (e.g., Western Area Counsel Office) must submit proof of good standing to their senior judge advocate for consolidation and forwarding to JCD.
c.  All active duty judge advocates serving in departmental billets (e.g., DLSA, DOD OGC, OJAG, etc., but not trial or appellate military judges); career, intermediate, or top level schools (e.g., EWS, TJAGLCS, army war college, etc.); or other independent or unrestricted officer billets (e.g., Joint Task Force-North, Recruit Training Regiment, Marine Corps Security Group, etc.) must submit proof of good standing to their senior judge advocate for consolidation and forwarding to JCD.
d.  If an active duty judge advocate, or a Marine Corps civilian or contract attorney under the cognizance of the SJA to CMC who is practicing under the authority of reference (b), becomes a covered attorney as defined in this MARADMIN after 1 April 2016, that attorney will provide satisfactory documentation upon entering such status to their LSSS OIC, SJA, or senior judge advocate for forwarding to JCD.  Active duty judge advocates scheduled to EAS, resign, or retire during FY16 must still submit proof of good standing.
e.  Reserve judge advocates must provide satisfactory documentation of good standing to Mr. Brad Swearingin, Judge Advocate Community Development - Reserve (JCD-R), brad.swearingin@usmc.mil.  If any reserve judge advocate becomes a covered attorney as defined in this MARADMIN after 1 April 2016, that attorney will provide satisfactory documentation to JCD-R upon entering such status.
f.  Supervisory attorneys, as described in reference (b), shall ensure that all subordinate covered attorneys under their cognizance are in compliance with the requirements of references (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 civil service and contract attorneys under the cognizance of the SJA to CMC who are practicing under the authority of reference (b).
b.  Good standing.  In accordance with references (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 cognizant authority has waived); and
(5) has met any other requirements the cognizant authority 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 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 (from 15 January 2016 to 1 April 2016);
(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.
d.  Unsatisfactory documentation.  In accordance with reference (a), examples of unsatisfactory documentation include:
(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.
5.  Covered attorneys licensed in multiple jurisdictions need only 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 reference (b), including 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 and contracted civilian 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.  Active duty judge advocates with additional questions should contact Capt Grant McDowell at 703-693-8405 or DSN 223-8405.  Reserve judge advocates with additional questions should contact Mr. Brad Swearingin at (703) 614-1853.
8.  Release authorized by MajGen J. R. Ewers Jr., Staff Judge Advocate to the Commandant of the Marine Corps.//