[Federal Register Volume 65, Number 90 (Tuesday, May 9, 2000)]
[Rules and Regulations]
[Pages 26748-26749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11505]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 727

RIN 0703-AA59


Legal Assistance

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: The Department of the Navy is amending its regulations 
concerning the provision of legal assistance to military members and 
other persons eligible for legal assistance to reflect recent changes 
to Chapter VII of the Manual of the Judge Advocate General.

DATES: Effective May 9, 2000.

ADDRESSES: Office of the Judge Advocate General (Code 36), 1322 
Patterson Avenue SE, Suite 3000, Washington Navy Yard, DC 20374-5066.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Steven L. 
Haycock, Judge Advocate General's Corps, U.S. Navy, Office of the Judge 
Advocate General (Code 36), 1322 Patterson Avenue SE, Suite 3000, 
Washington Navy Yard, DC 20374-5066, Telephone number (202) 685-4642.

SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the 
Department of the Navy amends 32 CFR Part 727, which is derived from 
Chapter VII of the Manual of the Judge Advocate General, to reflect 
changes to that regulation. The amendment relates to internal naval 
management and personnel practices, and is being published by the 
Department of the Navy solely for the guidance and interest of the 
public in accordance with 5 U.S.C. 552(a)(1). It has been determined 
that invitation of public comment on this amendment prior to adoption 
would be impracticable and is not required under the public rulemaking 
provisions of 32 CFR parts 296 and 701. It has also been determined 
that this rule is not a ``significant regulatory action'' as defined in 
Executive Order 12866.

List of Subjects in 32 CFR Part 727

    Legal services, Military law, Military personnel.

    Accordingly, 32 CFR part 727 is amended as follows:

PART 727--LEGAL ASSISTANCE

    1. The authority citation for part 727 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 10 U.S.C. 5031 and 5148; 32 CFR 700.206 
and 700.1202.


    2. Revise Sec. 727.5 to read as follows:


Sec. 727.5  Persons eligible for assistance.

    Legal assistance shall be available to members of the Armed Forces 
of the United States and their dependents, and military personnel of 
allied nations serving in the United States, its territories or 
possessions. Legal assistance is intended primarily for the benefit of 
active duty personnel during active service, including reservists (and 
members of the National Guard) on active duty for 30 days or more. As 
resources permit, legal assistance may be extended to retired military 
personnel, their dependents, survivors of members of the Armed Forces 
who would be eligible were the service member alive, reservists on 
active duty for single periods of 29 days or less, and in overseas 
areas, to civilians, other than local-hire employees, who are in the 
employ of, serving with, or accompanying the U.S. Armed Forces, and 
their dependents, when and if the workload of the office renders such 
service feasible, and other persons authorized by the Judge Advocate 
General of the Navy.

    3. Amend Sec. 727.6 by revising paragraphs (a) introductory text, 
(a)(2), (a)(6), and (d) to read as follows:


Sec. 727.6  Functions of legal assistance officers.

    (a) Basic duties. A legal assistance officer, while performing 
legal assistance duties, in addition to performing any other duties 
which may be assigned to him/her:
* * * * *
    (2) Shall serve as advocate and counsel for persons eligible for 
assistance in connection with their personal legal problems and may

[[Page 26749]]

prepare and sign correspondence on behalf of a client, negotiate with 
another party or his lawyer, and prepare all types of legal documents, 
including pleadings, as are appropriate.
* * * * *
    (6) Shall advise persons with complaints of discrimination on 
policies and procedures under the Civil Rights Act of 1964 and 
pertinent Navy instructions.
* * * * *
    (d) Professional legal advice. Legal assistance is authorized for 
personal legal affairs only, as contrasted with military justice 
problems, business ventures, or matters that are not of a personal 
nature. Legal assistance duties are separate and apart from 
responsibilities of trial counsel, defense counsel, or others involved 
in processing courts-martial, nonjudicial punishments, administrative 
boards or proceedings, and investigations. Only legal assistance 
officers are authorized to render services that call for the 
professional judgment of a lawyer. The legal assistance officer may 
delegate tasks to clerks, secretaries, and other lay personnel provided 
the officer maintains a direct relationship with the client, supervises 
the delegated work, and has complete professional responsibility for 
the work product. Services that call for the professional judgment of a 
lawyer include, but are not limited to, the preparation of wills and 
powers of attorney, advising personnel with respect to legal rights and 
relationships, negotiating contracts, and other matters requiring an 
educated ability to relate the general body and philosophy of law to a 
specified legal problem of a client. Guidance in this matter may be had 
from various official sources including the ethical considerations 
under the Code of Professional Responsibility of the American Bar 
Association.

    4. Amend Sec. 727.7 by revising paragraphs (a), (b), (d) and (e) to 
read as follows:
    (a) Assistance in official military matters. Legal Assistance 
duties are separate and apart from the responsibilities of a trial 
counsel, defense counsel, or other officer involved in the processing 
of courts-martial, nonjudicial punishment, administrative boards or 
proceedings, investigations, or other official military matters. 
Frequently, a service member accused or suspected of an offense or 
conduct leading to an administrative proceeding will request advice 
from the legal assistance officer. In such a case, the service member 
should be advised of the proper procedures for obtaining counsel or 
advice. This limitation does not prevent the assignment of the same 
officer to perform the functions of a legal assistance officer and the 
functions of a defense counsel, counsel for respondent, or counsel for 
a party.
    (b) Domestic-relations cases. In domestic-relations cases, a legal 
assistance officer may provide advice concerning the legal and 
practical implications of divorce, legal separation, annulment, 
custody, and paternity. Assistance and advice in domestic violence 
cases will be consistent with the Department of the Navy family 
advocacy program. If two or more eligible persons with conflicting 
interests seek legal assistance from the same office on the same 
matter, the party first establishing an attorney-client relationship 
will be provided representation. Other parties shall be advised that 
they are also eligible for assistance, but that it must be obtained 
from another source, with the assistance of and referral by the first 
office.
* * * * *
    (d) Proceedings involving the United States. A legal assistance 
officer shall not advise on, assist in, or become involved with, 
individual interests opposed to or in conflict with the United States 
without the specific approval of the Judge Advocate General.
    (e) Telephone inquiries. In the absence of unusual or compelling 
circumstances, legal advice should not be given over the telephone. 
This does not prohibit appropriate follow-up telephone discussions 
between the legal assistance attorney and the client.

    5. Amend Sec. 727.8 by revising the first sentence to read as 
follows:


Sec. 727.8  Confidential and privileged character of service provided.

    All information and files pertaining to the persons served will be 
treated as confidential and privileged in the legal sense as outlined 
in the Code of Professional Responsibility, as opposed to confidential 
in the military sense of security information. * * *
    6. Amend Sec. 727.10 by revising paragraphs (a) and (c) to read as 
follows:


Sec. 727.10  Fees, compensation, solicitation, and representation in 
civilian courts.

    (a) General. Active duty military personnel and civilian employees 
of the Navy and Marine Corps are prohibited from accepting or 
receiving, directly or indirectly, any fee or compensation of any 
nature, in cash or otherwise, for legal services rendered to any person 
entitled to legal assistance under this part whether or not the service 
rendered is normally provided or available to such person under this 
part and whether or not the service is rendered during duty hours as 
part of official duties. Reserve judge advocates on inactive duty are 
prohibited from accepting or receiving any fee or compensation of any 
nature, in cash or otherwise, for legal services rendered to any person 
entitled to legal assistance under this part with respect to matters 
about which they consulted or advised said person in an official 
capacity.
* * * * *
    (c) Representation before civilian courts or agencies. No active 
duty Navy or Marine Corps judge advocate may appear as counsel on 
behalf of any person entitled to legal assistance, except as provided 
in paragraph (a)(3) of Sec. 727.6, or the Expanded Legal Assistance 
Program, or under guidelines prescribed in the Manual of the Judge 
Advocate General, before any civil court, civil administrative 
tribunal, civil regulatory body, or civil governmental agency, in any 
proceeding, whether or not a fee or other compensation is accepted or 
received, without prior written approval of the Judge Advocate General, 
the administrator of the applicable program, or the Commander, Naval 
Legal Service Command, as appropriate. Requests for such permission may 
be in the form prescribed in the Manual of the Judge Advocate General.
    7. Amend Sec. 727.12 by revising paragraph (b) to read as follows:


Sec. 727.12  Communications.

* * * * *
    (b) The use of a legal assistance office letterhead within the 
Department of the Navy is authorized as an exception to the standard 
letterhead requirements contained in Department of Defense 
Instructions. Naval Legal Service Offices and other commands having 
authorized legal assistance officers are authorized to print and use 
letterheads without seal or official command designation in those 
matters in which the correspondence pertains solely to legal assistance 
matters. Legal assistance officers are directed to ensure that their 
correspondence does not imply United States Navy or command sponsorship 
or approval of the substance of the correspondence. Such correspondence 
is considered a private matter arising from the attorney-client 
relationship as indicated in Sec. 727.8.

    Dated: April 27, 2000.
J.L. Roth,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 00-11505 Filed 5-8-00; 8:45 am]
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