Legal Assistance

1. Legal Assistance K. J. Gruver Captain, USMC Judge Advocate

2. Mission The mission of the Legal Assistance Office is to serve eligible personnel by providing professional and zealous representation with regard to their personal legal affairs.

3. Point of Contact Personnel OIC � Capt Gruver Legal Assistance Chief � Cpl Sullivan Location Building 1211 Phone number 269-3636

4. Hours of Operation Attorney Consultations: Clients are seen on a walk-in basis Mondays and Thursdays: 0800 to 1130 and 1300 to 1630 Attorney Appointments are available Tuesdays and Wednesdays 0800 to 1130 and 1300 to 1630

5. Hours of Operation Dissolution of Marriage/Separation Briefs Every other Thursday at 0800 Naturalization Class Scheduled monthly, date and time published in the Yuma News Notarizations and Powers of Attorney Monday � Friday 0800 to 1130 and 1300 to 1630

6. Who is Eligible for services? References 10 U.S.C. � 1044 JAGMAN � 0706 Eligible Persons Active duty service members Reservists on active duty for 30 days or more Retirees Dependents of above listed persons

7. Legal Services Paternity and Non-support Divorce Consumer Law Immigration Bankruptcy Free notary service Contracts

8. Legal Services Landlord/tenant Real Estate Wills Powers of Attorney Arizona Tax Exempt forms Automobile purchases

9. Command Assistance Predeployment briefs Preventative Law briefs Civilian arrest Non-support of dependents

10. Non-support Issues LEGADMINMAN chapter 15 Hierarchy of support: Court Order Separation Agreement Chapter 15 support Support under Chapter 15 does not become enforceable unless the spouse makes a formal request/complaint of non-support to the command.

11. Non-support (Cont.) Support under Chapter 15 only applies to: Spouse Minor biological child Minor adopted child Punitive provisions attach if a Marine violates any of the following: Support provisions of a court order Support provisions in a written agreement If none of the above exists, then interim financial support obligations. This is only punitive if violated after a complaint of non-support by the spouse.

12. Non-Support (Cont.) Direct complaint to Marine�s CO CO will inform Marine regarding the nature of the complaint and encourage Marine to see LA attorney CO will make an order to Marine in accordance to Chapter 15 http://www.yuma.usmc.mil/services/legal/default.htm Look at LES for: Base pay, other pay, BAH, BAS, other allowances Automatically calculates amount of spousal support

13. Domestic Violence Military Protective Orders CO directs Marine in writing to stay away from dependents Enforceable as a lawful order from a commissioned officer Should be tailored to suit facts and must include a reasonable time limit. Contact a Judge Advocate if you are unsure what would be a reasonable time.

14. Domestic Violence Temporary Restraining Order Judge directs one party to stay away from the other Enforceable through PMO and contempt powers of court Hearing required to continue or remove

15. Debt Collectors Complaints of indebtedness LEGADMINMAN Chapter 16 Policy � Commercial debts are a civil matter for civilian courts. The Marine Corps has no authority to require Marines to pay a private debts. (Except for Article 134 and 139.) The MC will not process a complaint of indebtedness if a creditor did not make a bona fide effort to collect the debt individually, and whose claim is not patently false and misleading.

16. Debt Collectors (Cont.) Hurdles: Creditor must show they are in compliance with DOD standards of fairness, Regulation Z (12 CFR � 226 Et Seq.), as well as state and Federal Fair Debt Collection Practices Acts. Action: Counsel the Marine regarding payment of debts. If the Marine disputes the debt, refer him to Legal Assistance. The command may notify the creditor that the Marine has been counseled and nothing more. Use the sample letter in Chapter 16 to ensure compliance.

17. Fair Debt Collection Practices Act Cannot call at unreasonable times (no harassment) If debtor says �stop,� they have to stop. May have to sue to enforce this.

18. NSF Checks Command should counsel the Marine to pay as a means of self-protection. Follow the guidelines of LEGADMINMAN, ch. 16 If debt is disputed, send the Marine to Legal Assistance UCMJ Article 123a applies to �knowingly� bounced check. UCMJ Article 134 may also be used

19. Civilian Criminal Proceedings Legal Assistance and Defense Attorneys cannot represent or advise Marines on cases out in town. They must retain civilian counsel, get a public defender, or go it alone. The Legal Assistance office cannot recommend civilian counsel, but we do maintain a list of all attorneys in Yuma with their fees

20. Civilian Criminal Proceedings The process: Charging documents filed Arrest or summons Bonds � the command CANNOT promise the Marine will appear First appearance/arraignment Trial or plea bargain Command CANNOT promise court that the MC will �handle� it Only lawyers can negotiate taking jurisdiction The DA is not their lawyer!!!!! SCRA does not apply to criminal proceedings

21. Service of Process/Subpoenas JAGMAN, ch. 6 Service of process is proof to the court that the respondent has notice of the court action/filing Service of process will be conducted only at the Joint Law Center under the supervision of a Judge Advocate If a process server calls or shows up at the command, direct them to the Legal Assistance Office If they serve someone at your command or anywhere on base without going through the JLC, get contact information and forward that information to Legal Assistance.

22. Service of Process/Subpoenas Members cannot �dodge� service on base. If we are notified that they are being served, they are required to report. They are counseled by an attorney that they must accept Arizona process; all others they may refuse (at their own risk). The member will have the opportunity to see the Legal Assistance Attorney.

23. Pre-deployment Briefs Educate service members on wills and Powers of Attorney Hand out will worksheets Execute powers of attorney Educate Marines and dependents on legal services available

24. Preventative Law Briefs An ounce of prevention�saves your Marines, the command, and the lawyers a lot of headaches and damage control. Legal Assistance can give preventative law briefs on major issues of concern: Car sales Insurance Consumer law scams Landlord tenant issues Basic estate planning

25. Volunteer Income Tax Assistance Free electronic tax preparation and filing VITA Supervisor: Mrs. Knight In operation: 3 Jan 06 to 31 May 06 Hours of operation: M-F 0800 to 1630 Appointments and walk-in service Call 269-3636 for appointments

26. Tax Center 2004 Tax Season: Total Federal Returns = 3805 Total Value for Service = $377,586.00 Savings per Marine = $ 99.23

27. Tax Center What to bring to an appointment: ID Card W-2 Voided check (or bank routing number and account number) IRA documents 1099 forms Any other applicable documents

28. Tax Center Units provide VITA volunteers to work in the tax center JLC Director sends letter to COs of MAG and Station in October soliciting volunteers Volunteers check in 1 Dec and are trained during December Volunteers check back into their units 1 May

29. Website http://www.yuma.usmc.mil/services/legal/default.htm Website has the following documents: AZ tax exempt form Will worksheet Support calculator SCRA information Preventative Law Manual Much more�

30. Questions????