[Year]

August 2021 – July 2022

Report to the American Bar Association

Pictured: Coast Guard Headquarters’ 2022 Women’s History Month 

Team with Guest Speaker, Director Young, OMB

The Judge Advocate General of 

the United States Coast Guard

CGJAG LEADERSHIP

C G J A G I 1

Rear Admiral Melissa Bert

JUDGE ADVOCATE GENERAL AND CHIEF COUNSEL, U.S. COAST GUARD 

Rear Admiral Melissa Bert assumed duties as the Judge Advocate General and Chief Counsel of the Coast 

Guard in April 2020. She has the privilege to lead a dedicated group of legal professionals who are 

responsible for the delivery of all legal services in support of the Coast Guard’s missions, its units, and its 

people.

Her preceding flag assignment was as Director of Governmental and Public Affairs, where she synchronized 

the service’s external engagement with Congress, the media, and strategic partners and stakeholders. Prior 

to that, she was Deputy Director of Operations for the U.S. Northern Command overseeing homeland 

defense and defense support for civil authorities for North America, as well as theater security cooperation 

with Mexico and The Bahamas.

Other rewarding assignments include: Chief of Staff for the Seventh Coast Guard District, Chief of the 

Coast Guard’s Maritime and International Law Office, Deputy Staff Judge Advocate for the Seventh District 

in Miami, FL, Operations Officer for Coast Guard Sector Los Angeles/Long Beach, and a Military Judge. 

For her legal expertise she was awarded the Young Military Lawyer of the Year for the Coast Guard by the 

American Bar Association in 1997 and the Judge Advocates Association Outstanding Career Armed 

Services Attorney Award in 2006. 

RADM Bert began her career serving aboard two cutters, including as Executive Officer of the Cutter Red 

Birch. She is a graduate of the Coast Guard Academy and George Washington University Law School. She 

has been a national security fellow at the Harvard Kennedy School and a military fellow with the Council on 

Foreign Relations (CFR) in New York. She has taught as an adjunct professor at George Washington 

University and University of Miami Law School.

RADM Bert’s honors include the United Way American Values Award, the Joint Superior Service Medal, two 

Legions of Merit, and three Meritorious Service Medals. She is a life member of the Council on Foreign 

Relations and a Proctor in Admiralty in the United States Maritime Law Association. She is also the founder 

of the Women’s Leadership Initiative supporting mentoring and professional development for Coast Guard 

women in uniform and civilians.
C G J A G I 2

THE COAST GUARD LEGAL PROGRAM (CGJAG) 

One of the great strengths of the United States Coast Guard is the 

broad suite of legal authorities that underpins our eleven statutory 

missions. The Coast Guard is the principal Federal agency 

responsible for maritime safety, security, and environmental 

stewardship in U.S. ports and waterways. The Coast Guard protects 

and defends more than 100,000 miles of U.S. coastline and inland 

waterways, and safeguards an Exclusive Economic Zone (EEZ) 

encompassing 4.5 million square miles stretching from North of the 

Arctic Circle to South of the equator, from Puerto Rico to Guam, 

encompassing nine time zones – the largest EEZ in the world. The 

Coast Guard also exercises broad authorities on the high seas. 

CGJAG, including judge advocates, civilian counsel, reserve 

attorneys, and enlisted and civilian support staff are involved in every 

facet of Coast Guard operations and mission support.

The Coast Guard is one of the six Armed Services of the United 

States, but is within the Department of Homeland Security. In 

addition to its role as an Armed Service, the Coast Guard is a 

first responder and humanitarian service that provides aid to 

people in distress or impacted by natural and man-made 

disasters whether at sea or ashore.

In addition, the Coast Guard is a member of the Intelligence 

Community, and is a law enforcement and regulatory agency 

with broad legal authorities associated with maritime 

transportation, hazardous materials shipping, bridge 

administration, oil spill response, pilotage, and vessel 

construction and operation.

From law enforcement to disaster response, from 

intelligence operations to marine safety and security, 

CGJAG is actively engaged in every Coast Guard 

mission. We provide commanders a decision-making 

advantage and drive mission execution by delivering 

proactive legal advice and counsel across the full 

spectrum of Coast Guard operations.
C G J A G I 3

Total Active Duty Judge Advocates 

262

Reserve Attorneys

31

Total Civilian Attorneys

104

Total Support Staff

111
C G J A G I 4

CGJAG WORKFORCE

CGJAG has a presence in all nine Coast Guard districts (Districts 1, 5, 7, 8, 9, 11, 13, 14, and 17), the 

headquarters of the Coast Guard’s Atlantic and Pacific Areas, as well as in Coast Guard Headquarters in 

Washington, DC, and a number of other activities. CGJAG members at the Legal Service Command, principally

located in Norfolk, VA and Alameda, CA, serve the Mission Support Community and provide specialized legal 

services, including military justice trial services, to the rest of the Coast Guard. In addition, CGJAG assigns

personnel to five DoD Combatant Commands. 

CGJAG FORCE LAYDOWN

The Coast Guard’s Judge Advocates serve in both legal and non-legal assignments, including the Vice 

Commandant of the Coast Guard, the Atlantic Area Commander, two Coast Guard District Commanders, 

Commanding Officers of Coast Guard cutters, and a Sector Commander who serves as Captain of the Port.

Currently, five Judge Advocates are Flag Officers: the Vice Commandant of the Coast Guard, Atlantic Area 

Commander; the Judge Advocate General; the District Five Commander, and the District Eleven Commander. 

Other Judge Advocates serve as command cadre, including command of one of the Coast Guard’s ten National 

Security Cutters, and a Sector Commander who serves as Captain of the Port. 
C G J A G I 5

Evolution of Coast Guard Legal Authorities

In 1790, the First Congress of the United States established a small maritime law enforcement component within 

the Treasury Department to assist in collecting the new Nation’s customs duties. For the next eight years, this 

Revenue Marine (later called the Revenue Cutter Service) was the Nation’s only naval force and was soon 

assigned military duties. Over time, the Revenue Cutter Service merged with or absorbed other federal agencies. 

The Service acquired new legal authorities and responsibilities based upon its ability to perform them with 

existing assets and minimal disruption to its other duties. In some cases, the Service absorbed other agencies 

because their maritime responsibilities were redundant or complementary. The result is today’s U.S. Coast 

Guard, a unique force with a broad and diverse suite of legal authorities that carries out an array of civil and 

military responsibilities touching every facet of the maritime environment of the United States. Tracing its history 

to the Act of May 26, 1906, that established a military discipline system for the Revenue Cutter Service, CGJAG 

has evolved in step with the expanding missions of the Coast Guard.

The Revenue-Cutter Service, originally known as the Revenue Marine, was established to help 

collect revenue on imports to help pay the Nation’s war debts following the Revolutionary War. 

While the smuggling of goods initially helped support the war effort, those same smuggling 

activities later deprived the country of much needed revenue. With the Tariff Act of 1790, 

Congress provided “more effectually for the collection of the duties... [t]hat the President of the 

United States be empowered to cause to be built and equipped so many boats and cutters, not 

exceeding ten, as may be necessary to be employed for the protection of the revenue....” The Coast Guard still 

retains customs authority and has been boarding vessels at sea to enforce U.S. law since construction of those 

first ten cutters.

The U.S. Lifesaving Service was established and combined with the Coast Guard in 1915 to 

form the modern-day Coast Guard: “Be it enacted by the Senate and the House of 

Representatives of the United States of America in Congress assembled. That there shall be 

established in lieu of the existing Revenue-Cutter Service and the Life-Saving Service, to be 

comprised of those two existing organizations, with existing offices and positions and the 

incumbent officers and men of those two services, the Coast Guard, which shall constitute a part of the military 

forces of the United States.“

The U.S. Lighthouse Service (or Bureau of Lighthouses) was created in 1910, after it was first 

established in 1789 as the U.S. Lighthouse Establishment and later reorganized as the 

Lighthouse Board in 1852. The Lighthouse Service merged with the Coast Guard in 1939. Under 

Title 14 of the U.S. Code, the Coast Guard still has responsibility to develop, establish, maintain,

and operate aids to navigation. 

The Steamboat Inspection Service was created in 1871. The Bureau of Navigation was created in 

1884. The Steamboat Inspection Service merged with the Bureau of Navigation in 1932 to form the 

Bureau of Navigation and Steamboat Inspection, which the reorganized in 1936 to become the 

Bureau of Marine Inspection and Navigation.
 6 I C G J A G

Drug Interdiction. Drug Interdiction supports national and international strategies to deter and 

disrupt the market for illegal drugs, dismantle Transnational Organized Crime and Drug Trafficking 

Organizations, and prevent transnational threats from reaching the U.S. The Coast Guard is the lead 

federal agency for drug interdiction on the high seas.

Ports, Waterways, & Coastal Security. The Ports, Waterways, and Coastal Security (PWCS) mission 

protects people and property in the Marine Transportation System by preventing, disrupting, and 

responding to terrorist attacks, sabotage, espionage, or subversive acts. Activities under PWCS 

include preparedness planning and exercises, initiatives to enhance the resilience of maritime Critical 

Infrastructure and Key Resources and the Maritime Transportation System (MTS), the execution of 

antiterrorism and counterterrorism activities, and initial recovery efforts after attacks.

Aids to navigation. The United States operates the largest Aids to Navigation (ATON) constellation in 

the world. Coast Guard navigational aids include not only traditional floating buoys, fixed structures 

such as pilings, day boards, ranges, and lighthouses, but also electronic systems like the Global 

Positioning System and the Nationwide Automatic Information System, which is required on most 

commercial vessels operating in U.S. waters. In addition to federally owned ATON, waterways are 

marked by thousands of privately owned aids, which are permitted by the Coast Guard and must 

comply with Coast Guard regulations. Coast Guard lawyers work closely with the Office of Navigation 

Systems to develop regulations and policy consistent with statutory authority to establish and maintain 

ATON, and required navigational safety equipment on commercial vessels.

 

Pictured: The Isla de Cardona Light

Search & Rescue. The Coast Guard is the lead federal agency for maritime search and rescue in U.S. 

waters. We render aid to those in distress in the maritime environment and elsewhere when Coast 

Guard interdiction can influence the outcome of life-threatening incidents. We coordinate search and 

rescue efforts of afloat and airborne Coast Guard Units with those of other federal, state, and local 

responders and use Captain of the Port authorities and responsibilities to coordinate response efforts 

on waterways after an incident or disaster. Coast Guard lawyers provide organizational and operational 

advice on the execution of the Coast Guard’s authority and obligations, both domestically and 

internationally.

Living Marine Resources. Living Marine Resources Law Enforcement is an obligation under the 

Magnuson-Stevens Fishery Conservation and Management Act, the Endangered Species Act, and 

several other federal laws focused on the protection of marine resources. The core objective of these 

efforts is to provide effective and professional enforcement to advance national goals for the 

conservation, management, and recovery of living marine resources, marine protected species, and 

national marine sanctuaries and monuments.
C G J A G I 7

Defense Readiness. Our Defense Readiness mission exercises the Coast Guard’s unique authorities 

and capabilities to support the National Military Strategy. Lawyers advise both afloat and ashore 

commands on the authority to conduct Coast Guard, DoD, and joint operations; adherence to proper 

use of force and the standing rules of engagement; and the legal risk for conducting interdictions and 

boardings in support of domestic and international missions.

Alien & Migrant Interdiction Operations. Alien Migrant Interdiction Operations provide effective law 

enforcement presence at sea and achieve three main objectives: deter undocumented migrants and 

transnational smugglers from using maritime routes to enter the U.S.; detect and interdict 

undocumented migrants and smugglers far from the U.S. border; and expand Coast Guard 

participation in multi-agency and bi-national border security initiatives. Coast Guard lawyers provide 

real-time advice to operational commands on Alien Migrant Interdiction Operations in South Florida 

and Caribbean areas of operation.

Maritime Environmental Protection. The Coast Guard works with a variety of groups and 

organizations to ensure the livelihood of endangered marine species and their habitat. There are five 

areas of emphasis in the Marine Environmental Protection mission: (1) prevention—stopping pollution 

before it occurs through training, equipment, and procedures; (2) enforcement—providing civil and 

criminal penalties for illegal acts; (3) surveillance —protecting the marine environment by conducting 

pollution over-flights, vessel examinations, harbor patrols, transfer monitoring, and facility inspections; 

(4) response—removing and mitigating spills of oil and hazardous substances; and (5) in-house 

abatement—ensuring that Coast Guard vessels and facilities comply with federal environmental laws 

and regulations.

Marine Safety. The focus of the Coast Guard’s marine safety mission is the prevention of deaths, 

injuries, and property loss. Marine safety responsibilities include ensuring the safe and environmentally 

sound operation of millions of recreational vessels and thousands of U.S. flagged commercial vessels. 

The Coast Guard develops and enforces Federal marine safety regulations, certifies and provides 

credentials to more than 218,000 mariners, documents U.S. vessels, investigates marine casualties 

and shares its findings, and conducts compulsory inspections as well as voluntary safety exams. Coast 

Guard attorneys provide legal advice to program elements within the Coast Guard to interpret existing 

laws and regulations to determine the extent of Coast Guard authority to act in the safety realm, both 

with respect to safety equipment required on vessels and the qualifications of those individuals working 

aboard.

Other Law Enforcement. Other Law Enforcement involves the enforcement of marine resource 

regulations on foreign fishing vessels. This enforcement takes two forms. The first is the deterrence, 

detection, and interdiction of illegal foreign fishing vessel incursions into the U.S. Exclusive Economic 

Zone (EEZ), which represent a threat to our nation’s renewable natural resources and a violation of 

United States sovereignty. The second aspect is ensuring compliance with international agreements 

for the management of living marine resources.

Polar, Ice & Alaska Operations. The Polar Regions are becoming the focal point of maritime interest 

in terms of shipping, living marine resources, mineral and oil exploration, and scientific research. Coast 

Guard presence in the Polar Regions is growing with greater demands. Coast Guard polar icebreakers 

support national security and sovereignty, and national science missions in the Polar Regions.
 8 I C G J A G

CGJAG Support to Coast Guard Missions

CGJAG Program Development

The Office of Legal Policy and Program Development plans, develops, and executes policies and programs that 

will ensure the health of the legal program while ensuring the effective delivery of legal services throughout the 

Coast Guard. This program coordinates and oversees recruitment, assignment, training, and professional 

responsibility and development of judge advocates, civilian Coast Guard counsel, paralegals, and legal yeoman 

to ensure effective and efficient delivery of legal services. The program also plans and manages the acquisition, 

distribution, and use of legal program resources and performance support tools to include leveraging technology 

and available resources for information and knowledge management. 

.

Active-duty members of CGJAG are accessed

through two main avenues: Coast Guard members 

whose education is funded by our advanced 

education program and Direct Commission Lawyers 

(DCLs) commissioned on an extended active-duty 

contract sometime after they complete law school. 

In 2020, CGJAG opened the advanced education 

program to enlisted members. Enlisted members, 

with a bachelor's degree, apply to attend law school 

through the advanced education program. Once 

these enlisted members complete law school they 

will commission as Lieutenants in the Coast Guard 

legal program. To date, CGJAG has sent four 

enlisted members to law school with the first enlisted 

members scheduled to graduate from law school in 

May of 2023. 

Pictured: In May 2022, LT Jessie Brenton graduated from University of 

Hawaii Richardson School of Law

CGJAG relies on the Direct Commission Lawyer 

(DCL) program to provide over half of the Service’s 

judge advocates as well as a significant source of 

CGJAG diversity. The program continues its 

initiatives to expand efforts to recruit and access 

DCL into the Coast Guard, including requesting 

earlier selection notifications and exploring the 

possibility of hiring attorneys with an initial 

operational tour followed by a legal assignment. 

CGJAG also has a successful and robust internship 

program that professionally develops its interns in 

both legal and operational environments; over 70% 

of its interns apply to the CGJAG program, with 

many of those individuals entering the service as its 

newest DCLs. 

CGJAG currently has 31 Reserve judge advocates 

providing contingency support to its legal operations 

nationwide. To further supplement the Reserve 

component, the Program successfully implemented 

the Direct Commission Lawyer Selected Reserve 

(DCL-SELRES) recruiting initiative in December 

2019. Under this initiative, licensed attorneys may 

apply to join CGJAG as Reservists, where they will 

be commissioned as CG Reserve judge advocates 

immediately after completing basic training. The 

most recent class graduated four direct commission 

reserve attorneys in July 2022, bringing the total 

number of DCL-SELRES to seven. 

During this period, CGJAG commissioned eight DCL 

attorneys, four SELRES DCLs, and sponsored 35

interns. 

Pictured: D17 

attorneys and support 

personnel with RADM 

Bert and D17 District 

Commander, RADM 

Moore.
C G J A G I 9

Civil Advocacy, Claims and Litigation

CGJAG actively manages an extensive claims program under several federal statutes. This involves not only 

adjudicating claims made against the agency, but also collecting monies owed the government due to penalties 

assessed for violations of federal law, for damage to Coast Guard property, and for cleanup & recovery costs. 

The Office of Claims and Litigation, in support of its partners from Department of Justice (DoJ) and various United 

States Attorney offices, defends and asserts the Coast Guard’s legal interests in a panoply of cases related to its 

internal operations and its 11 statutory missions.

During this period, the Claims program was involved 

in several significant cases. Examples of significant 

litigation includes:

Taylor Energy Co. LLC. v. United States, 16-12C 

(Fed. Cir.):Taylor Energy sued the United States 

seeking the release of $432 million held in a trust to 

ensure that Taylor Energy fulfilled its obligations to 

plug and abandon 25 wells associated with a 

production platform toppled in Hurricane Ivan in 

2004. Taylor Energy claimed there was nothing 

more that could be done and claimed that the 

United States was in breach of contract based on 

state contract law theories. The Government 

successfully argued that the Outer Continental 

Shelf Lands Act preempts any state contract law

claim. As a result, Taylor Energy was obliged to 

continue to fulfill its requirements under Outer 

Continental Shelf Lands Act (OCSLA) to plug the 

wells and stop this long running discharge. A 2022 

settlement set aside substantial funds to close the 

wells under Federal oversight. 

Eleventh District attorneys, in conjunction with the 

Legal Service Command (LSC) and Claims and 

Litigation, provided legal support to DoJ in preparing 

a motion for summary judgment in Center for 

Biological Diversity vs. NOAA Fisheries, Coast 

Guard, et al. The suit challenges the adequacy of the 

Endangered Species Act consultation between 

NOAA and the Coast Guard that was required to be 

done prior to the Coast Guard’s promulgation of 

traffic separations schemes (TSS) into and out from 

the ports of Los Angeles/Long Beach and San 

Francisco. Specifically, Plaintiffs asserted that 

NOAA’s biological opinion supporting the Coast 

Guard TSS was flawed and must be done anew.

Eleventh District attorneys teamed with DoJ to 

respond to a $30 million wrongful death lawsuit 

brought by survivors of the dive boat CONCEPTION 

fire tragedy. The suit alleges the Coast Guard saw

deficiencies on board the vessel that caused the fire. 

The civil lawsuit pends while the criminal action 

against the Captain of the vessel for seaman’s 

manslaughter charges ensues.

The LSC Claims Division served as the Coast 

Guard’s representative to the Transportation 

Command Defense Personal Property Program 

Claims and Liability Business Rules (LBR) 

committee. The Claims Division, together with 

representatives from the Army, Navy, and Air Force, 

developed and implemented updated rules 

governing the shipment and storage of military 

members’ household goods. The LBR committee’s 

efforts ensure members will be accurately 

reimbursed for high value or high risk items 

damaged during shipment or storage. 

The LSC Claims Division, with the assistance of a 

mobilized RJAG, supported the Coast Guard’s 

response to the water contamination incident at the 

Red Hill government housing complex responding to 

questions received from military members on how to 

be reimbursed for their damaged personal property 

and provided guidance on the claims process to the 

on-scene Coast Guard attorneys and staff. 

The LSC Claims Division adjudicated more than 

290 wrongful death, personal injury, and property 

damage cases totaling more than $531 million in 

claimed damages and negotiated settlements of 

approximately $424,000 and recovered more than 

$233,000 owed to the United States for damages to 

Federal property. 

Pictured: Taylor Energy Oil spill.
10 I C G J A G

Contingency Response 

The legal contingency response program trains and prepares our attorneys to be prepared to provide legal advice 

and other services in support of homeland security and domestic disaster operations or other contingency 

operations. When contingency operations are required, active duty and reserve Coast Guard judge advocates 

and civilian attorneys respond as necessary to support the larger contingency mission. 

Judge advocates in the Coast Guard’s Seventh 

District provided critical support to the U.S.-led 

response after a magnitude 7.2 earthquake struck 

southwestern Haiti in August 2021. The event 

resulted in approximately 2,248 deaths, 12,763 

injuries, and 329 missing to date. Judge advocates 

prepared guidance for the District Commander 

highlighting the Coast Guard’s broad authority to 

conduct search and rescue at any place where its 

facilities may be of use, including in the waters and 

territories of another nation. This rapid and timely 

advice facilitated the provision of vital humanitarian 

and rescue assistance to 650,000 Haitians in the 

impacted area. When U.S. Southern Command 

stood up Joint Task Force Haiti in support of the lead 

federal agency, United States Agency for 

International Development (USAID) Bureau of 

Humanitarian Assistance (BHA), Seventh District 

attorneys coordinated with BHA representatives to 

prepare critical interagency agreements to support 

BHA requirements. The Seventh District’s judge 

advocates were critical to facilitating a prompt 

response and supporting prolonged humanitarian 

assistance efforts. Their efforts directly contributed 

to the saving of 214 lives and assistance of 140 lives.

The Seventh District is committed to protecting the 

U.S. Southeast Border and maritime approaches to 

protect against illicit maritime activities, including 

drug and human smuggling. In response to an 

increase in migrant activities, the Seventh District

stood up Operation Southeast Watch to combat and 

deter a potential mass migration event. The Seventh 

District judge advocates advise operational 

commanders on the authority and jurisdiction for 

these operations and facilitate interagency 

coordination to repatriate migrants to their country of 

origin or departure. 

 

Pictured: An overloaded migrant vessel sails next to the U.S. Coast 

Guard Cutter Confidence off the northwest coast of Haiti. The boat 

collided with the bow of the cutter. 

Hurricane Response 

On August 29, 2021, the 16th anniversary of 

Hurricane Katrina, Hurricane Ida made landfall in 

Louisiana as a category four hurricane. Ida became 

the 4th costliest hurricane in the Atlantic in U.S. 

history, totaling approximately $65.25 billion dollars 

in damage. Over the span of several months, 

multiple Legal Support Teams, including multiple 

RJAG’s, deployed to provide legal assistance to the 

units and members devastated by the storm. 

During the 2021 hurricane season, the Eighth District 

was directly struck by two tropical storms and two

hurricanes, including the category 4 Hurricane Ida. 

The Eighth District attorneys deployed to St. Louis, 

MO, Houston, TX, and Sector New Orleans to give 

critical real time legal advice to District and Sector 

Commanders responding to the storm’s 

environmental and structural wake of destruction. In 

addition to supporting operations, attorneys also 

supported affected members through legal 

assistance, covering diverse issues such as 

landlord/tenant, contract, insurance, and property 

law.
C G J A G I 11

Attorneys traveled 200+ miles round trip to Station 

Grand Isle where the worst of the hurricane hit to 

conduct an investigation into 34 Coast Guard 

members’ and dependents’ damaged personal 

belongings and subsequently advised each family 

individually on how to properly file a Coast Guard 

claim. The team also stood 24/7 legal duty and 

presented approximately five legal assistance 

briefings. 

Atlantic Area attorneys provided legal support to 

efforts by the Area staff and units to prepare for and 

respond to the third most active hurricane year on 

record in terms of named storms. In 2021, there were 

21 named storms, seven hurricanes, four major 

hurricanes, and eight storms hitting the U. S. 

coastline. 

COVID-19

Coast Guard attorneys played an integral role in 

response to the COVID-19 pandemic. 

Several RJAG attorneys mobilized to support the 

Coast Guard’s COVID-19 response, serving in both 

legal and operational roles. At Headquarters, active 

and reserve attorneys ensured operational 

readiness by evaluating the impact various force 

protection measures would have on mission 

performance and recommending courses of action 

to senior leaders. In Pacific Area, reserve attorneys 

supported senior leadership analysis of the impact 

COVID-19 infection rates and vaccination rates had 

on mission readiness and helped develop and 

monitor implementation of force protection policies.

The First District Legal Office advised its personnel 

and units on numerous issues related to the U.S. 

response to the global pandemic, including 

managing foreign flagged ship arrivals from COVID19 affected areas. The District One Legal Office 

worked extensively with other District One units on 

various strategies to reduce strain on members to 

ensure they felt protected and prepared to perform 

their operational missions. These efforts included 

ensuring operational plans incorporated the most 

recent guidance from agencies to minimize COVIDexposure. Additionally, the legal office completed 

numerous ethics reviews regarding COVID inspired 

gifts to the Coast Guard. Further, the legal office 

provided significant support to a remote unit, 

ultimately resulting in the first ever co-operative 

program between a remote unit and a group of 

parents attached to the unit to enable the member’s 

children to participate in remote schooling onboard 

Coast Guard property after local schools were forced 

to adjust their curriculum.

LSC-PSC worked closely with CG-094 elements to 

develop and implement CG-wide policies and 

procedures relating to mandatory vaccination of 

military personnel for COVID-19, including risk 

mitigation measures relating to assignments, and 

subsequently provided a comprehensive declaration 

from PSC Commander in support of the United 

States as part of a defense against a lawsuit filed in 

U.S. District Court.

Operation Allies Welcome

Coast Guard active duty and reserve attorneys 

supported the whole of government effort to safely 

and securely resettle over 100,000 evacuated 

Afghans to the United States from August 2021 –

January 2022. These attorneys directly supported 

one of the largest movements of people in American 

history through a $5 billion response effort that 

spanned 18 federal agencies and nine nongovernmental organizations that delivered vital 

services to the evacuees across the United States. 

Pictured: Military Members marking the departure of last families leaving 

hotel. LTJG Jeremy Lorenzo, RJAG, is first in blue from the right.
12 I C G J A G

Cyber, Intelligence and Information Law

The Office of Information and Intelligence Law (CG-LII) is responsible for advising on the collection, storage, and 

sharing of government information; intelligence activities; cyber security and operations, telecommunications 

policy; and other similar programs. The Office also provides support for the Coast Guard Investigative Service 

and supports the Coast Guard’s intelligence oversight program.

Information Law. The attorneys in this practice area 

provide legal advice and guidance on issues 

pertaining to the proper sharing and disclosure of 

information with the public, foreign and interagency 

partners, and with state, local, territorial and tribal 

entities. CG-LII attorneys analyze privacy and civil 

rights issues, advise on the handling of privacy 

incidents, and help craft mitigation strategies. These 

attorneys also serve as the intermediate intellectual 

property legal advisor, in consultation with the DHS 

Office of General Counsel attorneys, in the areas of 

copyright, trademark, branding, and licensing. 

Intelligence Law. The Coast Guard Intelligence 

Enterprise (CG-2) is divided into two elements. The 

law enforcement intelligence element (LEIE) plans, 

directs, collects, reports, processes, exploits, 

analyzes, produces, and disseminates information 

pursuant to Coast Guard law enforcement 

authorities in support of mission execution through 

law enforcement operations. The Coast Guard’s 

national intelligence element (NIE) conducts 

intelligence activities as a member of the Intelligence 

Community (IC). Coast Guard Intelligence is 

required to comply with executive branch and 

statutory oversight requirements, including 

mandatory reporting to Congress. The Judge 

Advocate General manages an intelligence 

oversight program. CG-LII also supports embedded 

attorneys at intelligence units including the Coast 

Guard’s Cryptologic Group, the area Maritime 

Intelligence Fusion Centers, and the Intelligence 

Coordination Center. Further, the attorney 

embedded with the Coast Guard Counterintelligence 

(CI) Service provides support to national security 

investigations and counterintelligence operational 

planning for all CI agents across the Coast Guard. 

Cyberspace. CG-LII supports the Office of 

Cyberspace Forces (CG-791), which stood up in 

2017, to man, equip, and train Coast Guard 

cyberspace forces and develop appropriate 

strategy, policy, and doctrine for Coast Guard Cyber 

Command. The attorney-advisor for the Office of 

Cyberspace Forces provides advice regarding 

executive orders, legislation, and national security 

priorities related to the defense of the Coast Guard’s 

network, Coast Guard efforts to protect the 

cyberspace associated with the marine 

transportation system, and the development of 

capabilities for full-spectrum cyberspace operations. 

Coast Guard Investigative Service (CGIS). The 

attorney embedded within CGIS assists with critical 

policy development and investigative service 

initiatives. In particular, this CG-LII attorney has 

worked with CGIS leadership to smoothly transition 

to a new evidence management system and worked 

closely with Coast Guard and DHS Privacy Officers 

to ensure appropriate protections are in place. This 

office provides legal advice across a spectrum that 

includes policy development, operational initiatives, 

national-level criminal investigations, and improving

sexual assault investigations tactics.

Data Readiness Task Force (DRTF). CG-LII 

supports the Coast Guard’s Chief Data Officer 

(CDO) and the DRTF, which was chartered by the 

Vice Commandant in 2020 to shape the future of 

Coast Guard data management and to leverage the 

full potential of data as a strategic resource. The 

DRTF will transition to the Office of Data & Analytics 

(OD&A) in summer 2022. 

Coast Guard Cyber Command Legal Office. In 

August 2021, the Commandant of the Coast Guard 

issued the Cyber Strategic Outlook (CSO). The CSO 

charges CGCYBER with three lines of effort: 1) 

defending and operating the U.S. Coast Guard 

Enterprise Mission Platform; 2) protecting the Marine 

Transportation System (MTS); and 3) operating in 

and through cyberspace. 

Implementing these objectives, CGCYBER 

attorneys delivered legal advice and support to 

CGCYBER as it successfully completed a 

Cybersecurity Service Provider (CSSP) inspection; 

issued cyber incident response plans and policies; 

and executed over 14 Cyber Protection Team (CPT) 

operations assessing MTS network vulnerabilities 

and searching for malicious cyber activity. 
C G J A G I 13

Environmental Law 

Coast Guard attorneys advise on the agency’s own compliance with environmental planning, restoration and 

media laws such as the analyses of environmental impacts of deepwater port permits, bridge permits, the 

acquisition and homeporting of vessels (e.g., Polar Security Cutters and Offshore Patrol Cutters), the transfer of 

historic lighthouses, the regulation of waterway traffic and the management and cleanup of federal property. 

Coast Guard attorneys advise on Comprehensive Environmental Response Compensation and Liability Act 

(CERCLA) cases and minimize future liability related to transactions involving potentially contaminated property.

Environmental Compliance and Enforcement. 

The discovery of potential health effects arising from 

polyfluoroalkyl substances (PFAS) has created 

concern at DoD and Coast Guard installations, 

especially those where air operations exist. Coast 

Guard attorneys have been involved in the formation 

of policy for addressing possible contamination and 

dealing with future litigation ramifications.

Coast Guard attorneys provide daily legal support for 

the Coast Guard's role in processing applications for 

deep water port licenses, including advice on 

compliance and Environmental Impact Statement 

issues. Currently, there are four pending oil port 

applications and two pending liquefied natural gas 

port application in house, all for projects in the Gulf 

of Mexico. This practice area involves dynamic case 

law on how to evaluate greenhouse gas impacts in 

the permitting decision.

In April 2018, a report of a diesel oil spill in Pago 

Pago Harbor, American Samoa, led to Coast Guard 

“fingerprinting” of the material and contracting with 

an oil spill response organization to clean up the spill. 

An estimated 500 gallons of diesel and oil soaked 

debris was recovered. A Coast Guard Marine Safety 

Laboratory spill report linked the samples to the 

CAPT. VINCENT GANN. An expanded MARPOL 

exam identified potential violations of the Act to 

Prevent Pollution from Ships, 33 U.S.C. §§ 1901-

1915. LCDR Amanda Gavelek, District Fourteen, 

served as Special Assistant United States Attorney 

(SAUSA) when the case was referred to the 

Department of Justice for civil judicial enforcement. 

She assisted in negotiating a consent decree 

assessing a $720,000 fine and a 3-year 

environmental compliance plan.

Legal Service Command (LSC) environmental 

practitioners participate in the Commandant’s 

strategic direction for the Coast Guard to address 

complex maritime challenges in an environmentally 

responsible manner. Of note, LSC attorneys are 

working with Department of Justice (DoJ) and 

National Oceanic and Atmospheric Administration 

(NOAA) counterparts in a suit addressing federal 

authority to regulate traffic separation schemes to 

protect endangered species. LSC attorneys also 

support Coast Guard operational commands in 

nuanced environmental issues such as preauthorization for oil-spill dispersants and Coast 

Guard cutter compliance with federal and state air 

emission requirements. 

Maritime Environmental Response. Coast Guard 

attorneys provide advice on the service’s role in oil 

and hazardous substance spill response under both 

the Oil Pollution Act (OPA) and Comprehensive 

Environmental Response, Compensation, and 

Liability Act (CERCLA). Recently, this has involved 

advising Coast Guard leaders engaged in 

negotiating updates to bilateral agreements with 

both Canada and Mexico for response to marine 

pollution incidents. The Coast Guard has these Joint 

Contingency Plans (JCPs) with all countries with 

which we share maritime boundaries in order to 

maintain continued close partnership and ensure 

optimum bilateral coordinated response to oil or 

hazardous substance pollution incidents affecting 

both nations. 

The fishing vessel AMERICAN CHALLENGER ran 

aground in March 2021, in the Greater Farallones 

National Marine Sanctuary near Tomales Point in 

Northern California and is adjacent to numerous 

Pictured: F/V CAPT VINCENT GANN
14 I C G J A G

sensitive sites. Containing a potential of 9,000 

gallons of petroleum products, Eleventh District 

attorneys advised the Federal On Scene 

Coordinator (FOSC) and ICP since the vessel’s 

grounding to mitigate the threat of spill. The legal 

office helped pave the way for the Commandant’s 

vessel destruction approval. This authorization is 

rarely sought and even more rarely approved, 

however, in this case it was necessary to mitigate 

the threat of environmental damage in a highly 

sensitive political and environmental area.

Maritime Environmental Criminal and Civil 

Enforcement. As a maritime law enforcement 

agency, the Coast Guard works hand in hand with 

the DoJ on the prosecution of environmental crimes. 

In 2021, Coast Guard attorneys advised on the 

investigation of seven environmental crimes cases 

for prosecution by the DoJ. These cases frequently 

involved the falsification of oil record books to 

conceal the deliberate discharge of oily wastes and 

hazardous substances into the sea, and violations of 

ballast water requirements to stop the spread of nonindigenous invasive species.

The Office of Maritime and International Law’s 

Environmental Law Division supported appellate 

litigation in one such case in the Third Circuit Court 

of Appeals. In December 2021, the Third Circuit

Pictured: oil tanker EVRIDIKI

panel issued an opinion upholding the Chief 

Engineer defendant’s convictions and addressing 

jurisdictional issues presented by the charges of 

violating the International Convention for the 

Prevention of Pollution from Ships (MARPOL) and 

the Act to Prevent Pollution from Ships, falsifying 

high-seas Oil Record Book entries in violation of 

Sarbanes-Oxley Act, and obstructing agency 

proceedings. United States v. Vastardis, 19 F.4th 

573 (3d Cir. 2021). The opinion also upheld the 

lawfulness of the Coast Guard’s seizure of evidence. 

The case stemmed from a port State Control exam 

on the oil tanker EVRIDIKI by the Coast Guard in 

Lewes, Delaware in March 2019. 

The Eleventh District legal office worked closely with 

Sector San Diego, Coast Guard Investigative 

Service (CGIS) and the U.S. Attorney’s Office for the 

Southern District of CA, to facilitate the investigation 

and indictment of crewmembers on board M/V 

LONGSHORE for bypassing their Oily Water 

Separator. The prosecution is ongoing.

On 1 October 2021, an underwater oil pipeline 

operated by Amplify Energy off the coast of 

Huntington Beach, CA ruptured and began to spill 

crude oil into a highly populated and popular beach 

area. Eleventh District legal immediately deployed 

CDR Wright to advise the FOSC. Following the initial 

response, Eleventh District attorneys engaged with 

prosecutors to analyze the law and facts to support 

their prosecution of Amplify Energy for criminal 

negligence and worked with Claims and Litigation 

and DoJ to analyze a lawsuit and determine the 

Coast Guard’s strongest defensive position. 

In the fourth quarter of 2021, the Eighth District 

successfully identified and referred two criminal 

environmental cases to the DoJ, within two weeks, 

for prosecution. The two cases involved alleged 

violations aboard foreign-flagged vessels of the 

MARPOL Protocol 73/78 (as enacted by the Act to 

Prevent Pollution from Ships (APPS)), the Clean 

Water Act (CWA), and the Vessel Incidental 

Discharge Act (VIDA). Eighth District attorneys 

reached agreements on numerous security 

provisions, including the total collection of 

$2,500,000 in surety bonds. Eighth District attorneys 

also provided continuing support to the DoJ on two 

cases previously referred for prosecution in March of 

2021, including specialized research assistance and 

witness parole support. In May of 2021, two guilty 

pleas were accepted by the District Court for the 

Eastern District of Louisiana on these matters, by 

which a vessel owner/operator admitted to violating 

APPS and the Ports and Waterways Safety Act, and 

a Chief Engineer admitted to violating APPS and 18 

U.S.C § 1505.
C G J A G I 15

Federal Prosecution Support

CGJAG attorneys work closely with the Department of Justice (DoJ) on various cases. Districts 5, 7, 8, 9, 11, 14, 

and 17 provided Special Assistant U.S. Attorney (SAUSA) support to USCG-led criminal investigations. The 

Coast Guard also has full time SAUSA positions detailed to the DoJ and filled by judge advocates. These judge 

advocates represent the United States in prosecuting criminal violations of U.S. Law. 

A staff attorney from District Eight was sworn as a 

Special Assistant U.S. Attorney to support the DoJ 

in a Seaman’s Manslaughter investigation against a 

large oil transportation company. The case has 

made particular use of staff attorney’s Coast Guard 

inspection and investigation skill sets, as well as a 

thorough knowledge of Coast Guard regulations. 

Coast Guard support for this type of case will 

hopefully lead to more successful prosecutions 

against negligent companies that put mariners at 

risk. Additionally, Eighth District attorneys supported 

the investigation and referral of two other criminal 

cases involving potential federal criminal offenses, 

including blatant and repeated Captain of the Port 

Order and other safety violations by an illegal charter 

boat operator.

In 2021, the Eleventh District legal office provided 

case investigation and trial support on over 95 cases 

involving 355 narco-smugglers prosecuted by U.S. 

Attorney’s Officers and partner nations by providing 

discovery and case materials to agents and 

attorneys in support of the prosecutions. LT Mira 

Serrill-Robins, our Transnational Organized Crime 

(TCO) specialist, worked with the yeoman staff to 

marshal resources from across the Coast Guard, 

providing information and arranging for trial 

witnesses. Over the past year, LT Serrill-Robins 

assisted DoJ and foreign partners by coordinating 

witness prep and travel for 26 trials and hearings, 

including 13 partner nation prosecutions involving 

133 Coast Guard witnesses from 50 different units. 

Meanwhile, the Eleventh District Special Assistant to 

the United States Attorney (SAUSA) supporting the 

U.S. Attorney’s Office for the Southern District of 

California in San Diego, LCDR Nicole Bredariol, 

coordinated Operation Pangueros Locos – an 

operation targeting the captains of Ecuadoran 

fishing vessels that serve as logistics supply vessels 

to drug smugglers – providing fuel, food and water to 

smugglers as they make their way north. Driven 

largely by information obtained via wiretaps of 

satellite phones, this multinational operation yielded 

US indictments of 30 captains, the arrest of 20 

captains by Ecuadoran law enforcement officers and 

the foreign extradition to the United States of two of 

the Locos.

Pictured: In October 2021, LCDR Amanda Gavelek was re-sworn 

as a Special Assistant U.S. Attorney by Ms. Judy Philips, 

Acting U.S. Attorney for the District of Hawai’i. 
16 I C G J A G

Maritime and International Law

As the nation’s only armed force with domestic law-enforcement authority, the Coast Guard is involved in 

enforcing federal law in the areas of drug interdiction, immigration, marine environmental protection, marine 

safety, fisheries, maritime security, and general federal laws applicable at sea. The Office of Maritime and 

International Law at Coast Guard Headquarters plays a prominent role in the development and implementation 

of Coast Guard policy in these areas, and in providing real-time advice to Coast Guard operational commanders. 

The Office of Maritime and International Law also leads Coast Guard efforts in the international legal community 

as a fully participating member of the U.S. delegation to the International Maritime Organization. 

Atlantic Area and Headquarter attorneys advised 

both operators and legal teams on key authorities to 

enable CGC THETIS and LEDET 103 on the U.S. 

Hershel Woody Williams to conduct bilateral 

agreement operations with West African partners, 

including Senegal, Cabo Verde, Gambia, and Sierra 

Leone. These efforts helped facilitate the successful 

interdiction of a Chinese flagged fishing vessel 

operating in the Exclusive Economic Zone (EEZ) of 

Sierra Leone in violation of coastal state regulations 

and the interdiction of a Brazilian flagged fishing 

vessel on the high seas resulting in the effective 

seizure of more than 6,000 kilograms of cocaine. 

Atlantic Area attorney’s provided key legal support to 

team planning and executing the CGC HAMILTON’s 

mission to escort new Coast Guard Fast Response 

Cutters to the Middle East and to conduct military 

engagement operations within nations in the 

Mediterranean and Black Sea regions. The 

attorneys worked with U.S. Navy attorneys on 

execution of both Title 10 and Title 14 authorities to 

carry out the successful mission, including security 

cooperation authorities, search and rescue, use of 

force, and status of forces protections. 

Pictured: CGC HAMILTON

As Legal Advisor to Joint Task Force- East (JTF-E), 

Atlantic Area attorneys helped JTF-E develop the 

Eastern Caribbean Regional Campaign Plan which 

guides DHS components and international partners 

in coordinating and implementing activities to 

combat transnational criminal organizations and 

their activities that lead to U.S. and partner nation 

borders. The plan facilitates and enables 

interagency and international engagement in the 

Eastern Caribbean joint operating area for fiscal 

years 2022-2026. The plan will enhance 

understanding of illicit activities and threats, increase 

intelligence and information sharing, and help 

coordinate efforts of the U.S. Government and 

International partners.

Pictured: LCDR Grace Oh serves as the chief negotiator as the United 

States and Seychellois Governments officially signed a Bilateral 

Agreement on Countering Illicit Transnational Maritime Activity 

Operations.

The Eleventh District legal team hosted the summit 

in December 2021, bringing together 64 law 

enforcement attorneys and agents from DoJ, DEA, 

USCG, DoD, OCDETF, HSI, and ICE to share 

lessons learned and best practices in the 

interdiction, investigation, and prosecution of 

maritime criminals.
C G J A G I 17

International Activities

International Maritime Organization (IMO). The 

IMO is a United Nations specialized agency that is 

headquartered in London, England, and is 

responsible for the safety and security of shipping 

and the prevention of marine and atmospheric 

pollution by ships. Coast Guard attorneys serve as 

advisors or representatives of the United States at 

meetings of various IMO committees such as: the 

Maritime Safety Committee, the Marine Environment 

Protection Committee, the Legal Committee, the 

Subcommittee on Implementation of IMO 

Instruments, the Subcommittee on Pollution 

Prevention and Response, the Subcommittee on 

Human Element, Training and Watchkeeping, the 

Subcommittee on Navigation, Communications and 

Search and Rescue, the Subcommittee on Ship 

Design and Construction and the Meeting of 

Contracting Parties to the London Convention and 

London Protocol. 

The Office of Maritime and International Law served 

as counsel to the U.S. delegation to the 76th meeting 

of the IMO’s Marine Environment Protection 

Committee, which adopted far-reaching new 

regulation on the carbon intensity of shipping 

through amendments to the MAPROL Convention. 

These new regulations will enter into force in 2023 

and put into place a rating system for the carbon 

intensity of each individual ship, calculated based on 

fuel consumption, vessel size, and miles traveled. 

The new carbon intensity regulations are unique 

among IMO regulatory regimes because they will be 

implemented through flag and port state 

administered incentive regimes for vessels in the top 

two ratings. Alongside this system, a parallel 

technical energy efficiency metric will—though a 

mandatory, certificate-based regulatory regime—

apply incremental increases on vessel energy 

efficiency. Over time, these regulations will 

accelerate the phase out of older, less efficient 

vessel and significantly influence vessel and 

propulsion design and the marine fuels business 

internationally. The Coast Guard currently has a 

rulemaking project underway to implement 

MARPOL Annex VI in U.S. regulations.

IMO Legal Committee. The Chief of the Office of 

Maritime and International Law serves as the Head 

of the U.S. delegation to the Legal Committee. 

Support to Foreign Nations. The U.S. Coast Guard 

supports the development of the legal framework of 

other countries through Model Maritime Service 

Code engagements and other training events. Coast 

Guard attorneys provide support to several nations 

including Ukraine, Kenya, Costa Rica, Vietnam, 

Mexico, and Indonesia, among others, in the 

development of legal authorities for their maritime 

law enforcement agencies. During these 

engagements, Coast Guard attorneys identify gaps 

in existing authorities and assist in drafting 

legislation, regulations, and policy needed to 

execute their desired missions. Coast Guard 

attorneys developed and led training events for 

foreign Coast Guard officers regarding maritime 

domain awareness, implementation of whole of 

government communications, and the 

implementation of IMO instruments designed to 

mitigate cyber risk to facilities and vessels. Coast 

Guard attorneys also assist other nations’ 

prosecutions by facilitating the testimony of Coast 

Guard law enforcement officers during criminal 

trials. 

Coast Guard attorneys across the country 

coordinate Coast Guard responses to requests from 

foreign partners to support their prosecutions 

pursuant to Mutual Legal Assistance Treaties. This 

support most often occurs in preparing Coast Guard 

witnesses and transmitting evidence from Coast 

Guard boarding operations in support of counter 

drug and transnational organized crime 

prosecutions in foreign courts. These efforts have 

resulted in testimony or support to 10 cases that 

convicted nine smugglers in foreign courts.

Pictured: CAPT J. Trent Warner, DSJA, LANTAREA, attending the 

Senior Leader Symposium of USAFRICOM’s OBANGAME EXPRESS 

Exercise in Dakar, Senegal. 
18 I C G J A G

Coast Guard attorneys support the government of 

Ukraine as they develop statutes and regulations for 

the Ukrainian Coast Guard. Attorneys from the 

Office of Maritime and International law traveled to 

Kiev in September 2021 to discuss a comprehensive 

legal study drafted to assist the Ukrainian Coast 

Guard in developing expanded authorities as well as 

creating an interagency coordination framework. 

The study identified gaps in the law regarding 

enforcement authorities as well as foundational 

instruments, along with substantive proposals to 

strengthen the Ukrainian Coast Guard's mission. 

U.S. Coast Guard representatives highlighted twelve 

focus areas, explored potential recommendations, 

and collaboratively discussed next steps for each 

substantive topic. The September 2021 engagement 

- the third in three years in Ukraine involving the 

Ukrainian Coast Guard and U.S. Coast Guard - was 

marked by thoughtful engagement, active 

participation by subject matter experts, and candor.

Pictured: Mr. Brian Wilson, Deputy Director of the Global Maritime 

Operational Threat Response Coordination Center and CDR Joel Coito, 

Chief of Prevention law, brief Ukrainian Coast Guard JAG counterparts.

Ninth District attorneys provided key support to the 

2021 Canada-U.S. Law Institute Conference, 

continuing to foster critical bi-national linkages 

between legal, political, and academic professionals 

in Canada and the United States.

Atlantic Area attorneys continued to support the 

Coast Guard’s International Port Security (IPS) 

program’s efforts to assess and improve security in 

foreign ports consistent with obligations under the 

International Ship and Port Security Code (ISPS 

Code) of SOLAS. This effort included the review and 

editing of draft foreign maritime port security law and 

regulations for a partner nation in the Pacific.

Currently, the United States has 11

Bilateral/Shiprider agreements with western and 

central pacific countries. The United States is also a 

member of the Western and Central Pacific Fisheries 

Commission (WCPFC), which allows the Coast 

Guard to conduct boardings on vessels that are 

engaged in fisheries on the high seas if the vessel’s 

flag state is also a member of the Commission. 

There are currently 26 participating countries 

including the European Union and seven

participating territories. Throughout the year, the 

Fourteenth District Fourteen conducted several 

Illegal, Unregulated, and Unreported (IUU) Fisheries 

patrols and acted as a force multiplier for IUU fishing 

enforcement, the USN and USMC provide support to 

the mission. 

Arctic Developments. Coast Guard attorneys have 

been actively engaged in issues involving expansion 

of commercial maritime transportation along the 

Arctic border. As part of the United States delegation 

to the Arctic Council, Coast Guard attorneys advised 

Coast Guard leadership on Law of the Sea matters 

concerning emerging shipping areas, as well as the 

Arctic Council’s Protection of the Arctic Marine 

Environment (PAME) Working Group initiatives, 

including implementation of the Arctic Marine 

Shipping Assessment and review/advice for the 

Arctic Ocean Review and the Emergency Prevention 

Preparedness and Response (EPPR) Working 

Group initiatives, and the EPPR Field Guide for Oil 

Spill Response in the Arctic.
C G J A G I 19

Legal Assistance and Defense Services (CG-LAD) and Member Advocacy (CG-LMA)

The Judge Advocate General is responsible for providing various legal services directly to Coast Guard members 

and eligible beneficiaries. These services include providing: advice and representation to victims of sexual 

assaults perpetrated by members of the Coast Guard; advice and representation to members facing separation 

from the Coast Guard due to physical disabilities; advice and representation to members facing punishment under 

the Uniform Code of Military Justice or adverse administrative proceedings generated by the Coast Guard; and 

legal assistance to members and eligible dependents relating to personal civil matters. These functions are 

provided by the offices of CG-LAD and CG-LMA.

The Judge Advocate General is responsible for 

providing various legal services to Coast Guard 

members and eligible beneficiaries. 

Member Advocacy. The Office of Member 

Advocacy is responsible for the Special Victims’ 

Counsel Program and oversees Disability Evaluation 

System counsel.

Special Victims’ Counsel (SVC). With 

approximately 180 active cases, the SVC Program 

continues to provide legal advice and representation 

to active-duty members, reservists, dependents, and 

civilian victims of sexual assault. SVC represent 

victims of sexual offenses, appearing on their behalf 

at courts-martial, and in post-trial and appellate 

proceedings. 

Pictured: Members from D14 including LCDR Amanda Gavelek, Mr. 

Salvador Tinajero “TJ”, and YNC Angela Medina participated in Sexual 

Assault Awareness & Prevention Month by wearing service dress blues 

or a teal colored shirt

SVC also provides a high volume of formal and 

informal training to Coast Guard members and 

stakeholders on victims' legal rights, the role of SVC, 

the military justice process, and the Sexual Assault 

Prevention, Response, and Recovery policy. 

In the past year, SVCs have attended multiple 

training events, several national-level conferences 

and trainings, and held an SVC Training Symposium 

at Base Seattle, Washington in September, 2021. In 

addition, this past year the Coast Guard crosstrained SVC in disability law.

The Coast Guard has thirteen full-time SVC across 

offices in Seattle, WA; Alameda, CA; Cleveland, OH; 

Washington, DC; and the CG Academy in New 

London, CT. An office in Miami Florida will open in 

July 2022.

Disability Attorneys. Member Advocacy Division 

attorneys also represent ill and injured Coast Guard 

members throughout every stage of the service’s 

Disability Evaluation System process, representing 

the individual (rather than the Coast Guard) as they 

either medically separate or return to duty. 

During this period, four primary disability attorneys 

and 8 collateral duty disability attorneys represented 

over 275 Coast Guard members facing disability 

evaluation and possible medical separation or 

retirement. Disability Attorneys help clients make 

informed decisions that will have dramatic effects on 

the members’ careers and finances. Attorneys 

advocate for their clients before informal and formal 

boards, as well as throughout the administrative 

appeal process, ensuring that members are afforded 

their right to due process, and that the Coast Guard’s 

actions comply with applicable federal statutes and 

Department of Veterans Affairs (VA) regulations. 

The Coast Guard continues to work towards using 

the Integrated Disability Evaluation System (IDES) 

and commenced “IDES Pilot 2.0.” under the 

supervision of the VA. Member Advocacy Division 

attorneys are working closely with the Coast Guard 

Personnel Service Center to guide the service 

through a successful pilot program, with the goals of 

reducing the total amount of time that a member is 

in the Disability Evaluation System and receive a 

clear picture of their USCG and VA disability 

compensation before separation from the service.

Defense Services. The Defense Services Division 

is responsible for providing defense services across 
20 I C G J A G

the Coast Guard to members facing courts-martial 

and adverse administrative processes. This office 

oversees the Coast Guard and Navy Memorandum 

of Understanding on Mutual Support in Military 

Justice Matters. Through the cross-service 

agreement, in 2021, the Defense Services Division 

coordinated representation for Coast Guard 

members at 30 courts-martial and 17 administrative 

hearings. Currently, the Coast Guard has eight judge 

advocates embedded in six Navy Defense Service 

Offices. These Coast Guard judge advocates 

specifically provided legal advice to over 450 service 

members in the Coast Guard, Navy, and Marine 

Corps, and represented clients at 55 courts-martial 

and 18 administrative hearings. This division also 

provided service to members seeking advice and 

guidance on the COVID-19 vaccination mandates. 

These judge advocates ensured that service 

members understood the ramifications for refusing 

the vaccine, and were aware of the process to seek 

religious and medical accommodations.

Additionally, two judge advocates are appellate 

defense counsel. In 2021, the Coast Guard 

Appellate Defenders represented 14 members 

before the Navy and Coast Guard Clemency and 

Parole Boards, the Navy-Marine Corps Court of 

Criminal Appeals, the Coast Guard Court of Criminal 

Appeals, and the Court of Appeals for the Armed 

Forces. Their advocacy resulted in one criminal 

conviction being dismissed with prejudice, the 

findings and sentence in another case being set 

aside resulting in significant back pay and 

allowances, and a service member’s bad conduct 

discharge being upgraded pursuant to the 

Commandant of the Coast Guard’s clemency 

powers. 

Legal Assistance. During this period, 15 civilian and 

active duty legal assistance attorneys provided 

counsel to over 5,500 clients, helping them with 

estate planning, family law, consumer law, and 

numerous other civil law issues. Recent changes in 

the law, particularly in the areas of assisting victims 

of domestic violence and base housing tenant 

issues, has had an impact on the Coast Guard Legal 

Assistance practice and the type of cases addressed 

by the legal assistance attorneys. 

In September 2021, 11 active duty and reserve JAGs 

deployed over a period of weeks in response to 

Hurricane Ida, one of the most devastating storms in 

history. The attorneys were able to assist over 300 

clients with significant matters such as insurance 

claims, habitability of rental property and evacuation 

issues. 

Mr. Richard Harris, stationed in District 17 in Juneau, 

AK was awarded the ABA Distinguished Service 

Award during this period. His expertise in AK law has 

empowered him to pursue novel issues facing our 

members through broader representation in court 

under the Expanded Legal Assistance Program 

(ELAP). His advocacy for our members in trial and 

appellate courts has helped individual members as 

well as set favorable precedents for all military 

service members serving in Alaska. 

Over the last year, the Eleventh District Legal 

Assistance Team led by Ms. Belinda Alcantara 

provided legal assistance to over 600 eligible clients 

(again) in matters relating to estate planning, 

landlord-tenant disputes, immigration, SCRA & 

MSRRA, family law, insurance claims, and other 

consumer/civil issues. Additionally, she provided 

invaluable outreach via a legal assistance newsletter 

to Base Alameda and Eleventh District remote units 

regarding federal, state and local pandemic relief, 

including personal tax benefits, and other legal 

issues, involving evictions and other tricky 

landlord/tenant issues that evolved during the 

COVID eviction moratorium.

The Thirteenth District Legal Assistance attorney 

and paralegal, Ms. Elizabeth Kandiew and Ms. 

Jayme Pallette, traveled throughout the District 13

AOR providing exceptional support to 350 Coast 

Guard members assisting them with over 390 legal 

matters. In addition, produced over 650 legal 

documents ranging from wills, powers-of-attorney, 

community property agreements, and military pay 

orders. 

During this period, the Eighth Coast Guard District 

Legal Assistance Office processed over 350 new 

matters, assisting Coast Guard members throughout 

the 26 states covered by the Eighth District.

Pictured: Coast Guard Attorney pictured with their 

assigned DSO office. 
C G J A G I 21

Military Justice

As an armed force, members of the Coast Guard are subject to the Uniform Code of Military Justice. Coast Guard 

judge advocates serve as prosecutors, defense counsel, and special victims’ counsel for courts-martial, and as 

military judges. Judge advocates assigned as appellate government and defense counsel brief and argue cases 

before the Coast Guard Court of Criminal Appeals (CGCCA), the Court of Appeals for the Armed Forces (CAAF), 

and the U.S. Supreme Court. Coast Guard attorneys at field offices serve as Staff Judge Advocates (SJAs) 

providing advice on military criminal matters to field commanders.

Office of the Chief Prosecutor. The National 

Defense Authorization Act for Fiscal Year 2022 

mandated significant changes in the administration 

of military justice. The changes include appointment 

of Special Trial Counsel who will decide the 

disposition of enumerated offenses and prosecute 

them. Implementation in the Coast Guard includes 

the appointment of a rear admiral (lower half) to 

serve as the Coast Guard’s Chief Prosecutor and be 

responsible for the prosecution of all courts-martial 

in the Coast Guard. The Chief Prosecutor will serve 

a role similar to the lead Special Trial Counsel in the 

other armed services. Coast Guard trial services are 

already centralized in the Legal Service Command 

(LSC). These will move under the Chief Prosecutor 

and, with additional personnel, become the Office of 

the Chief Prosecutor. The Coast Guard will select 

the first Chief Prosecutor in August 2022 and the 

Office of the Chief Prosecutor will reach initial 

operating capability in 2023.

Trial Judiciary. The Coast Guard trial judiciary 

consists of three full-time military judges and several 

collateral judges performing general and special 

courts- martial cases. During this period, RJAG CAPT 

Diane Croff served as a full-time military judge in support a 

personal gap. 

Pictured: Coast Guard Judges attend the Joint Military 

Judge Annual Training (JMJAT) 

Appellate Judiciary. The Coast Guard Court of 

Criminal Appeals (CGCCA) consists of nine 

members, including two full time civilian judges. The 

Court reviews cases on direct, appeals by the 

Government, as well as extraordinary writs.

Office of Military Justice. Military Justice Policy 

and expertise is developed at Coast Guard 

Headquarters in the Office of Military Justice. This 

office aids and trains the judge advocates in the 

field. It also works extensively with the Department 

of Defense and the other Services to develop and 

execute military justice initiatives. 

Staff Judge Advocates (SJAs). Coast Guard 

attorneys at field offices serve as Staff Judge 

Advocates (SJAs) providing advice on military 

criminal matters to field commanders. These SJAs

are located at the Coast Guard’s Pacific Area

(PACAREA) and Atlantic Area (LANTAREA); its 

nine District Offices; three Training Centers; the 

Coast Guard Academy; and the Coast Guard’s 

Cyber Command. 

Trial Defense Services. The Coast Guard provides 

seven judge advocates to the Navy Defense Service 

Offices located throughout the U.S. who represent 

both Coast Guard and Navy members. In return, 

Navy judge advocates represent some accused 

Coast Guard members in courts-martial 

proceedings. 

Appellate Services. Judge advocates assigned as 

appellate government and defense counsel brief and 

argue cases before the Coast Guard Court of 

Criminal Appeals (CGCCA), the Court of Appeals for 

the Armed Forces (CAAF), and the U.S. Supreme 

Court.

Legal Service Command (LSC). The LSC is the 

only unit where judge advocates serve full-time as 

trial counsel prosecuting courts-martial for the entire 

Coast Guard. There are fourteen dedicated trial 

counsel, including a Chief of Military Justice, and two 

branch chief positions in both Norfolk and Alameda, 

as well as four senior trial counsel. The LSC is 

responsible for providing counsel for all felony level 

courts-martial involving serious misconduct and it 

provides assistance to other field legal offices from 

investigation and case evaluation through post-trial 

actions.

Area and District Legal Offices. Area and District 

Legal Offices continue to provide comprehensive 
22 I C G J A G

legal advice to Court Martial Convening Authorities 

and coordinate with the LSC on cases. Those offices 

also continue to prosecute or support General 

Courts-Martial (GCM), Special Courts-Martial 

(SPCM), and Summary Courts-Martial (SCM).

During this past year, Coast Guard attorneys handled a variety of cases, including homicide, maltreatment, drugs, 

sexual assault, theft, simple assault, and dereliction of duty. This chart shows the number of Coast Guard courtsmartial which took place during the past 7 fiscal years.

COURTS-MARTIAL (BY FISCAL YEAR)

2020 2019 2018 2017 2016 2015 2014

General Courts-Martial 4 6 8 13 18 17 23

Special Courts-Martial 8 8 15 21 15 17 22

Summary Courts-Martial 12 19 9 14 22 18 22

Total Courts-Martial 24 33 32 48 55 52 67

United States v. Hinton: BMC Hinton was charged 

with lying to investigators, possessing and viewing 

child pornography, and indecent language. In 

October 2020, pursuant to a plea agreement, he 

pled guilty before a general court-martial to 2 

specifications of Article 134 (child pornography, 

possessing or receiving or viewing). The sentence 

adjudged in the case was 5 months of confinement, 

Bad Conduct Discharge, and reduction to E-3. 

United States v. Price: CWO Price was charged with 

sexual abuse of a child involving sexual contact, 

conduct unbecoming an officer and possessing child 

pornography. In March 2021, pursuant to a plea 

agreement, CWO Price was sentenced to 54 months 

of confinement and discharged from the Service.

United States v. Brzyski: MK2 Bryzyski was charged 

with indecent recording for recording the female 

berthing area about a CG cutter. Pursuant to a plea 

agreement, MK2 Brzyski plead guilty at special 

court-martial to all charges. MK2 Brzyski was 

sentence to 10 months of confinement, a Bad 

Conduct Discharge, and reduction to E-1.

United States v. Grijalva: MK3 Grijalva was charged 

with making false official statements, obstructing 

justice, wire fraud, identity theft, computer theft. In 

November 2021, MK3 Grijalva was found guilty at 

general court-martial by a panel of enlisted and 

officers of false official statements, obstructing 

justice, and five of six specification of fraud. MK3 

Grijalva was sentenced to 3 months of confinement, 

a Bad Conduct Discharge, and reduction to E-3. 

United States v. Richard: YN2 Richard was charged 

with obstructing justice and murdering her infant 

daughter. In January 2022, YN2 Richard was found 

guilty at general court-martial by a panel of enlisted

and officers of manslaughter. YN2 Richard was 

sentenced to 6 years of confinement and a 

Dishonorable Discharge. 

United States v. James: GM3 James was charged 

with multiple specifications of possession and 

distributing child pornography. In January 2022, 

pursuant to a plea agreement, GM3 James pled 

guilty to all charges at general court-martial. GM3 

James was sentenced to 6 years confinement and a 

Dishonorable Discharge.
C G J A G I 23

Prevention Law

The CGJAG prevention law team is responsible for supporting commands in the prevention of personnel 

casualties and property losses, minimizing security risks, and protecting the marine environment. These attorneys 

will also work with policy to create and support international and domestic legal frameworks for preventing, 

preparing, and responding to incidents.

Vessel Safety. Coast Guard attorneys routinely 

assist with the development and implementation of 

vessel safety standards. Coast Guard attorneys are 

instrumental in advising the Coast Guard’s Assistant 

Commandant for Prevention Policy, which is 

dedicated to reviewing and revising existing policy, 

as well as developing new oversight procedures to 

ensure vessels and facilities inspected by the Coast 

Guard and by recognized organizations meet

inspection standards. Greater effectiveness and 

efficiencies are achieved by new national policies 

that permit Coast Guard inspectors to use portable 

and remote digital technology, utilize risk-based 

decision-making in the selection of vessels to 

inspect, harmonize decisions between Coast Guard 

inspection zones, institute uniform standards for 

vessels being temporarily taken out of service by 

their owners, and implement a stronger quality 

control process over recognized organizations and 

third-party organizations that inspect vessels on 

behalf of the Coast Guard. 

With the arrival in the marketplace of remote and 

autonomous technologies aboard vessels ranging 

from discrete remote navigation packages to 

completely autonomous vessels, the Coast Guard 

has initiated a Request for Information to solicit input 

from the public on the impact autonomous systems 

will have on domestic laws and regulations to 

include collision avoidance regulations, engineering 

and navigation system requirements, and safe 

manning requirements. Coast Guard attorneys are 

involved in policy development to ensure these 

rapidly evolving technological innovations meet 

navigation and safety requirements.

Ensuring states follow the newest recreational 

boating safety standards is also a top priority. Coast 

Guard attorneys work with state recreational boating 

safety liaisons to ensure states follow federal law. 

Furthermore, with respect to passenger vessel 

inspection and licensing requirements, many legal 

offices, particularly District Seven in Miami, Florida, 

District Nine in Cleveland, Ohio, and District Eleven

in Alameda, California work closely with Coast 

Guard Investigative Service (CGIS), state 

Departments of Natural Resources, and United 

States Attorney’s Offices to hold individuals and 

entities accountable for conducting illegal passenger 

charters. Illegal charters pose a significant safety 

hazard to the public and have an adverse economic 

impact on legitimate commercial passenger vessel 

owners. The number of vessels operating illegally 

has increased dramatically in the last several years 

due to the advent of online booking companies.

Illegal Passenger Operations. Coast Guard 

COTPs and Officers in Charge, Marine Inspection 

(OCMIs) regulate large numbers of uninspected and 

small passenger vessels. Some vessel operators 

have taken to avoiding regulatory oversight by 

exploiting statutory exceptions. Specifically, 

operators are exploiting charter exceptions related to 

passenger carriage limits. (See 46 U.S.C. § 2101, et 

seq) District attorneys advise COTPs and CGIS on 

enforcement and prosecution efforts of operators 

who engage in illegal passenger operations by 

entering into invalid charter agreements with 

passengers. District attorneys also advise on the 

issuance of COTP Orders, Civil Penalties, and 4100 

Boardings through the VCCC process, and refer 

cases to the DoJ for prosecution.

U.S. v. Coquelet – This case involves the violation of 

an Order issued by the District Commander due to 

the vessel’s illegal passenger operations that 

spanned the Key West and Miami COTP zones. The 

defendant was sentenced in Fort Lauderdale to 5 

years’ probation, a $4,000 fine and, as a special 

condition of probation, is barred from “owning, 

operating, or managing any commercial vessel 

operation.”

Outer Continental Shelf Safety Issues. Coast 

Guard attorneys routinely provide legal support to 

develop innovative solutions to address the safety 

challenges caused by quickly evolving technology 

on the Outer Continental Shelf (OCS). The Coast 

Guard reviews and revises policies and inter-agency 

Memoranda of Agreement to more efficiently 

coordinate with regulatory partner agencies. 
24 I C G J A G

The Coast Guard advises on proposed legislation 

involving citizenship and manning requirements for 

individuals employed in the offshore industry. Legal 

advice is regularly provided to aid the regulatory 

evaluation of new and novel designs for offshore 

units and equipment.

District Eight attorneys worked closely with the Outer 

Continental Shelf OCMI to devise a suitable 

replacement certification that serves the proper 

regulatory purpose while complying with the 

Paperwork Reduction Act. Additionally, they advised 

on several high profile administrative appeals for 

both vessels and facilities, assisting in the 

interpretation of Coast Guard regulations regarding 

“freight for hire,” and TWIC redesignations, as well 

as statutory interpretations regarding “public 

vessels.”

Coast Guard attorneys additionally advised 

Headquarters program offices on issuing field 

guidance to determine whether a floating offshore 

facility is a vessel or not. This guidance includes 

manning and credentialing policies concerning 

personnel serving on floating offshore facilities.

Mariner Credentialing and Manning Issues. 

There are approximately 200,000 active holders of 

Merchant Mariner Credentials (MMCs) issued by the 

Coast Guard. Coast Guard attorneys are active in 

assisting numerous program elements in 

establishing and modifying the arrangements at 

testing facilities and maritime academies, and the 

standards required of those serving aboard U.S. 

documented vessels. This includes the drafting of 

legislation, regulations and interpretive rules, and

providing comments and drafting assistance on

Congressional legislative proposals. Attorneys are 

also active in providing responses to queries from 

Congress, industry and the public regarding the

interpretation, and application of existing law and 

regulations.

Recently attorneys provided guidance to the 

National Maritime Center (NMC) in Martinsburg, 

West Virginia on how to move forward with 

transitioning the record keeping and application 

processes for MMCs into the digital age. Attorneys 

needed to approve of a method that permitted digital 

applications while also upholding evidentiary 

standards that are used in Suspension and 

Revocation hearings. These efforts will help pave 

the way for future MMC applications to be less 

burdensome to the public by allowing them to fil out 

and submit them online. 

Suspension & Revocation (S&R). When the Coast 

Guard learns that an MMC holder has committed an 

offense that would warrant suspension or revocation 

of his or her MMC, an administrative enforcement 

proceeding conducted under 46 C.F.R. Part 5 and 

33 C.F.R. Part 20 may be initiated. Offenses that 

prompt the Coast Guard to pursue S&R include drug 

use, security risks, convictions covered by the 

National Driver Register Act and other criminal 

convictions, misconduct, negligence, and 

professional or medical incompetence. During the 

investigation of an S&R offense, Coast Guard 

attorneys advise Investigating Officers (IOs)

regarding the collection of evidence, parameters for 

witness interviews, and communication with 

attorneys representing parties or witnesses. 

Approximately 500 S&R Complaints are issued each 

year, and every Complaint is reviewed by a Coast 

Guard attorney for legal sufficiency before it is filed. 

If a mariner that is subject to an S&R proceeding 

requests a hearing before an ALJ, a Coast Guard 

attorney represents the agency throughout the 

process.

Recently, Coast Guard active and reserve attorneys 

have provided assistance to the Mariner 

Credentialing Fraud Task Force (MCF TF). The MCF 

TF was established to conduct a forensic analysis of 

mariners’ records and exercise Coast Guard legal 

authorities to hold merchant mariners accountable 

for suspected fraudulent acts. To date, these efforts 

have resulted in 31 criminal indictments, 21 criminal 

convictions, and over 250 administrative actions 

taken against MMCs. The MCF TF efforts are 

ongoing.
C G J A G I 25

S&R Historical and Predicted Enforcement 

Activity

CALENDAR 

YEAR

DOCKETED 

CASES

HEARINGS APPEALS

2009 541 13 4

2010 600 14 7

2011 593 17 5

2012 558 12 5

2013 489 24 1

2014 480 17 1

2015 392 14 3

2016 399 10 4

2017 397 10 3

2018 470 15 4

2019 531 17 5

2020 357 6 8

2021 817 14 4
26 I C G J A G

Cyber Risk in the Maritime Community. Coast 

Guard attorneys have worked extensively to support 

the Coast Guard’s effort to develop policy, 

standards, and regulations for appropriately 

addressing cyber risks in the maritime community. 

The Coast Guard has published guidance to assist 

facilities regulated under the Maritime 

Transportation Security Act in the implementation of 

cyber security measures that will meet existing 

facility security plan requirements. The Coast Guard

is in the process of developing similar guidance for 

vessels, and in February of 2021 updated guidance 

on assessing cyber risk protection in a vessel’s 

safety management system to ensure the Marine 

Transportation System is protected from a cyber 

incident. Coast Guard attorneys also participated in 

multiple interagency cyber incident response 

exercises, assisting in a whole of government 

approach to cybersecurity that involves both state 

and federal agencies.

Vessel Documentation. Coast Guard attorneys 

continue to provide guidance in determining the 

appropriate federal or state documentation required 

to operate vessels in certain trades and serve as 

evidence of vessel nationality. The Coast Guard is 

responsible for issuing coastwise and fishery 

endorsements to commercial vessels seeking to 

engage in coastwise trade. Coast Guard attorneys 

liaise with state officials to correct the issue of 

vessels operating overseas with invalid state 

registration. This recently resulted in states 

implementing a new system which made third party 

documentation service companies more liable for 

verifying the information of new applicants. This 

helps reduce the potential for fraud within the 

system. 

Green Energy and Offshore Wind. Coast Guard 

attorneys have worked closely with the Department 

of Interior to address legal issues associated with 

licensing offshore windfarms. The Coast Guard 

offers expertise on the impact proposed offshore 

wind projects might have on the safety of navigation, 

the traditional uses of a given waterway, and the 

Coast Guard’s ability to conduct missions within and 

around new windfarms. 

Coast Guard attorneys work to ensure the increased 

use of Offshore Supply Vessels which support 

Offshore Wind projects can continue to be operated 

safely. This includes ensuring passenger count rules 

are properly understood and updating international 

law to ensure burdensome passenger vessel 

requirements are not applied to individuals who work 

in the marine environment. These efforts help 

reduce the cost of Offshore Wind projects and help 

uphold our countries effort to transition to renewable 

energy.

Marine Casualties & Investigations. Coast Guard 

attorneys regularly provide legal support for marine 

incidents investigations, including working closely 

with counterparts at the National Transportation 

Safety Board (NTSB) on a number of casualties and 

initiatives. The Marine Board of Investigation (MBI) 

is the highest level of marine casualty investigation, 

convened by the Commandant. The purpose of 

these investigations is to determine the cause of the 

incident and provide safety recommendations to 

prevent similar casualties in the future. Coast Guard 

attorneys act as legal advisors for the investigators 

throughout an investigation. 

The Eighth District has the highest number of major 

marine casualties in the Coast Guard due to large 

quantity of cargo transiting in area of responsibility, 

and marine casualty investigation support is a 

significant practice area. During marine casualty 

responses and investigations, Eighth District 

attorneys support the Search and Rescue (SAR) 

controller or marine casualty investigation team for 

next of kin notification and preparation of Letters of 

Presumed Death or other similar documents, which 

are sometimes necessary for family members to 

obtain state death certificates when an individual is 

not recovered. They also advise field investigators 

on Party In Interest rights and public release of 

information. Eighth District attorneys supported the 

incident response and subsequent formal marine 

casualty investigation of the SEACOR POWER, a 

liftboat that capsized in the Gulf of Mexico in April 

2021, resulting in significant loss of life. Eighth 

District attorneys embedded in the Incident 

Command Post during the response to advise the 

command staff and ensure proper retention of key 

records, and also deployed with the joint National 

Transportation Safety Board/Coast Guard 

investigation team, to advise the investigators, assist 

with public inquiries and records requests under the 

Freedom of Information Act, and represent Coast 

Guard members appearing as witnesses. This 

expertise also resulted in an Eighth District attorney 

being assigned to perform the Major Incident 

Investigation into the $200,000 damage that 

occurred to the CGC EDGAR CULBERTSON.
C G J A G I 27

Thirteenth District attorneys advised on a marine 

casualty investigation involving the capsizing of the 

commercial fishing vessel COASTAL REIGN. In

February 2021 the 38-foot, 16 gross ton, COASTAL 

REIGN attempted to cross the Tillamook Bay Bar 

loaded with 4,000lbs of crab onboard and found 

itself over the submerged portion of the south jetty. 

The COASTAL REIGN capsized leading to the 

death of two crewmembers onboard. The 

investigation found several causes including actions 

of the owner/operator, crew’s lack of rest, and 

inherently dangerous conditions crossing the 

Tillamook Bay bar.

Pictured: Commercial Fishing Vessel COASTAL REIGN

Coast Guard attorneys continue to advise the 

Pacific Area Commander on the investigation into 

the Pipeline P00547 oil spill, which occurred in 

October 2021. A pipeline off the coast of California 

fractured, resulting in a spill of over 24,600 gallons 

of oil into San Pedro Bay. The investigation has 

required coordination with the NTSB, the Bureau of 

Safety and Environmental Enforcement, the 

Pipeline Hazardous Materials Safety 

Administration, and the California Department of 

Fish and Wildlife.

.

Pictured: Coast Guard investigators and attorneys, including an 

attorney from the NTSB, ride on a Coast Guard small boat to board a 

vessel of interest in the oil spill

Space Operations

Increased space operations in the Seventh District 

have posed numerous complex challenges to the 

Coast Guard Commanders operating under 

statutory authorities pursuant to their positions as 

Captains of the Port and Officers In Charge, Marine 

Inspections (OCMI). In the last several years, space 

operations in the U.S. have nearly tripled from 20 

launches in 2018 to 65 in 2021, and that number is 

only expected to increase. The vast majority of 

space operations occur in the Seventh District AOR 

– particularly in Cape Canaveral. Major legal issues 

related to space operations include the OCMI’s 

regulation of autonomous and remotely operated 

space support vessels and the establishment of 

limited access areas within (and beyond) U.S. TTS 

to ensure the safety of space missions and 

waterway users. Commercial space operators are 

using remote operated vessels for the recovery of 

booster rockets and capsules to carry space crew 

and cargo. Remote operations pose many unique 

challenges to OCMI oversight of space support 

vessels, particularly related to the manning, 

navigation, and vessel safety. To address these 

issues, District Seven judge advocates spearheaded 

two Space Conclaves to address the complex 

statutory and regulatory challenges related to space 

operations.

Eighth District attorneys played a key role in the 

continuing development of federal regulations to 

meet the growing commercial space industry in the 

Gulf of Mexico and in our area of responsibility, 

including the SpaceX facility in Boca Chica, Texas, 

and the construction and modification of vessels 

planned to be used for space operations. This 

includes an offshore platform that is be converted for 

offshore launches. District Eight attorneys have 

worked closely with counterparts at the Seventh 

District, Atlantic Area, and Headquarters to identify 

appropriate authorities the Coast Guard can use to 

promote maritime safety during launches and 

recovery, and have advised local units in the areas 

of Prevention Law to ensure the correct application 

of maritime safety law. Eighth District attorneys have 

also been heavily involved in the environmental 

review process for the permitting of the SpaceX 

Super Heavy Rocket.

Attorneys from Atlantic Area, Coast Guard 

Headquarters and the Districts helped oversee the 
28 I C G J A G

development and review of an updated blanket 

template for letters of intent to meet Federal Aviation 

Administrative (FAA) regulation requiring 

commercial space enterprise to enter into an 

agreement with the Coast Guard. This effort helped 

to standardize the Coast Guard’s efforts to meet 

interagency requirements to protect the maritime 

domain without exceeding legal authority. 

Atlantic Area attorneys also reviewed an interagency 

agreement designed to manage the reimbursement 

of the provision of Coast Guard assets and services 

that support NASA sponsored astronaut operations 

within the maritime domain. Additionally, Atlantic 

Area attorney along with HQ, District 7, and District 

8 worked on drafting blanket letters of intent and 

facilitating its implementation. 

Coast Guard attorneys coordinated with 

Headquarters, the District, and Area staff to 

implement policy for establishing a two-year pilot 

program for safety zones beyond 12 nautical miles 

relating to space launches and recoveries. As a 

result, the Seventh District established the first 

safety zones in the Exclusive Economic Zone to 

address space activities.
C G J A G I 29

Response Law

Attorneys in the Response Law Division (RLD) provide around the clock support to seven of the eleven Coast 

Guard missions. Duty attorneys provide real time legal advice on Coast Guard authorities, jurisdiction in the 

complex maritime environment, and develop cases for prosecution. RLD attorneys serve as Coast Guard 

representatives to the Maritime Operational Threat Response Plan and aid in developing a coordinated 

interagency response to maritime cases. To further support Coast Guard operations, several Coast Guard

attorneys serve as full-time Special Assistant U.S. Attorneys in key areas around the United States. Additionally,

attorneys at field units stand rotational duty schedules to provide around the clock support to Operational 

Commanders and units throughout their area of responsibility. 

During this period, RLD promulgated a new edition 

of the Fast Action Reference Materials (FARM), an 

internal publication of relevant statutes, agreements, 

policies, and guidance relating to Coast Guard 

operations that used by operational legal advisors 

across the service.

Drug Interdiction. During this period, RLD 

attorneys advised on and coordinated interagency 

actions on 258 maritime counterdrug cases. In 

coordination with the DOS and DoJ, RLD duty 

attorneys prepare diplomatic correspondence to 

board vessels under the 1988 U.N. Convention 

Against Illicit Traffic in Narcotic Drugs and 

Psychotropic Substances, waivers of jurisdiction to 

prosecute foreign vessels, and certifications of U.S. 

jurisdiction under the Maritime Drug Law 

Enforcement Act. During this period, RLD attorneys 

coordinated the referral of 635 suspected smugglers 

to the United States or partner nations for criminal 

prosecution and worked closely with U.S. Attorney’s 

Offices and the DoJ to support these prosecutions, 

including researching and assisting in responses to 

defense challenges. These efforts contributed to the 

removal of nearly 174 metric tons of cocaine from 

suspect vessels during this period, denying 

transnational criminal organizations an estimate 

$7.23 billion in illicit profits. 

RLD attorneys worked with interagency partners to 

resolve complex counterdrug cases, balancing 

operational, diplomatic, legal, and other concerns. 

Eleventh Coast Guard District attorneys provided 

around-the-clock, real-time legal support to Coast 

Guard operators combating international drug 

trafficking on over 100 at-sea interdictions. These 

interdictions yielded 244 narcotics smuggling 

detainees, 474 migrant cases and cocaine worth 

almost $4billion on the street. D11 also supported 

efforts to build partner nation capacity and 

prosecution competency, especially in countries that 

recently transitioned to accusatorial legal systems. 

Via the North American Maritime Security Initiative 

(NAMSI), a tri-national effort between the US, 

Canada and Mexico to improve operational 

coordination, LT Serrill-Robins, who chaired the 

legal working group, worked with Mexican Navy 

(SEMAR) attorneys to advance a shipboard 

observer program that will strengthen 

communications and enhance joint operations 

between the Coast Guard and SEMAR. Finally, to 

ensure CG boarding teams produce effective case 

packages, D11 attorneys trained 30+ units deploying 

to the East-Pac on best practices in evidence 

collection and case package preparation.

Pictured: Seventh Coast Guard District Legal staff has made vast strides 

in enhancing and facilitating interagency teamwork through creating 

working groups and immersive professional exchanges, as well as 

clarifying interagency policies. 

Alien Migrant Interdiction. RLD and field attorneys, 

particularly in the Seventh Coast Guard District, 

advised operational commanders on the authority 

and jurisdiction for these operations and aided in 

interagency coordination to repatriate migrants to 

their country of origin or departure. As with other 

mission areas, the pandemic continued to require 

Coast Guard attorneys to work closely with other 

agencies and countries or origin to ensure the 

continued safe and speedy repatriation of migrants 

interdicted at sea under. During this period, 

overlapping crises in several Caribbean states led to 

an increase in maritime migration ventures. The 
30 I C G J A G

Coast Guard interdicted more than 3,535 migrants 

at sea over the course of the year. 

U.S. v. Reyes-Gonzalez & U.S. v. Santana-Mendez

– These cases were the result of two separate Coast 

Guard migrant interdictions in the Mona Pass. They 

highlight a troubling pattern of assaults against 

Coast Guard officers by increasing desperate 

migrants that underscores the dangerousness of the 

AMIO mission. Defendants in separate cases were 

charged with 18 U.S.C. § 111 for assaulting a federal 

officer by biting them on their torsos. The victims 

were Coast Guard watchstanders that were bit 

during rowdy migrant incidents onboard the cutter. 

Reyes received five months and Santana received 

two and a half months (time served). The 

circumstances of both cases were unique, in favor 

for the defendants; the lower nature of the sentences 

aligned with the desires of the victims and remorse 

of both defendants. If the injuries had been more 

severe, the victims less forgiving, or the defendants 

less remorseful, the sentences could have been 

around 15-27 months. Importantly, the defendants 

acquired felony records that will prevent them from 

reentering the U.S. and deter further illegal 

immigration.

U.S. v. Crespo-Marquez – The Seventh Coast 

Guard District Legal staff, in support of the SDFL, 

assisted in the litigation of a complex migrant 

smuggling case involving three vessels: the migrant 

transport, a resupply vessel, and a decoy vessel. 

Three Coast Guard patrol boats pursued the three 

smuggling boats when the vessels failed to comply 

with orders to heave to. Defendant Crespo-Marquez 

plead guilty for his role in the smuggling but fled 

before his sentencing hearing. After more than a 

decade as a fugitive from justice, the defendant was 

apprehended and returned to Miami, where he was 

sentenced to 151 months’ imprisonment.

In United States vs. Roberts, 21-cr-60182, the 

defendant, a United States citizen, piloted a 26 foot 

center console, carrying at least 11 foreign 

nationals, from the Bahamas to Hillsborough Inlet, 

Florida. Roberts was pursued by a Sheriff’s vessel 

as he entered the inlet and ultimately collided with a 

seawall. Roberts and several aliens fled to a waiting 

get-away van, but the remaining 11 aliens were 

apprehended by law enforcement. Roberts’ collision 

with the sea wall and flight was captured on security 

cameras and Roberts was caught days later 

onboard another boat. Two of the aliens were 

deposed as material witnesses and Roberts’ cell 

phone contained a selfie-style video of Roberts 

piloting the boat with the aliens onboard. Roberts, 

who had a previous conviction for smuggling aliens 

from the Bahamas to South Florida, pleaded guilty 

to encouraging and inducing an alien to enter the 

United States and permitting an aggravated felon to 

enter the United States. Roberts was sentenced to 

78 months incarceration.

Defense Readiness. RLD attorneys advised

headquarters staffs on missions which support the 

National Military Strategy and Department of 

Defense (DOD) operations, including the Coast 

Guard’s unique status as both an armed force and a 

law enforcement agency. Because of the Coast 

Guard’s unique role as a Title 14 force, RLD 

attorneys play a key role in advising on the Coast 

Guard’s defense readiness capabilities and 

authorities in relation to the DOD. During this period, 

RLD attorneys provided legal advice related to the 

status of Coast Guard aircraft under international 

law and the statutory framework for the Coast 

Guard’s rotary wing air intercept mission. 

Living Marine Resources. RLD attorneys provide 

legal advice and interagency coordination for 

enforcement of international fisheries issues, such 

as incursions of foreign fishing vessels into U.S. 

waters, conducting Western and Central Pacific 

Fisheries Commission inspections, and 

enforcement of the United Nations global 

moratorium on High Seas Drift Net Fishing to 

advance national goals for the conservation, 

management, and recovery of living marine 

resources, marine protected species, and 

conservation areas. Coast Guard attorneys also 

advise on Coast Guard policies to enforce the 

Magnuson-Stevens Fisheries Conservation and 

Management Act and Lacey Act, international ocean 

governance structures.

The Coast Guard works with NOAA and other law 

enforcement partners to combat illegal fishing 

incursions into the U.S. Exclusive Economic Zone 

(EEZ) by Mexican lanchas. RLD attorneys support 

these efforts by coordinating the law enforcement 

action and disposition of these cases, and provided 

legal guidance on donating catch seized from these 

lanchas.

The Eighth District’s largest response law issue is 

enforcement of domestic fishery law on the maritime 

boundary between the United States and Mexico. 

During this period, the Eighth District attorneys 

provided real time legal advice that contributed to the 

seizure of illegal catch in 78 cases involving Mexican 
C G J A G I 31

“lanchas” involved in Illegal, Unreported, and 

Unregulated (IUU) fishing. District Eight also 

successfully referred two criminal cases against 

lancha operators who failed to heave to for a Coast 

Guard boarding.

The First District’s primary law enforcement mission 

continues to be the enforcement of applicable laws 

and regulations in the commercial fishing fleet. 

Similar to other operations, the COVID-19 pandemic 

presented risks to both the Coast Guard’s law 

enforcement officers conducting operations aboard 

U.S. flagged commercial fishing vessels (CFV’s) and 

for the fishermen themselves. The First District 

attorneys helped craft appropriate protocols for 

mitigating these risks to ensure the continued 

enforcement of the living marine resources within the 

area of operations. 

Additionally, the First District documented a 

noticeable increase in U.S. flagged CFVs illegally 

fishing in Canadian waters over the past year. Such 

conduct violates U.S. law, including the Lacey Act, 

and subjects offenders to both criminal and civil 

liability. District One attorneys worked internally and 

with regional partner agencies to investigate and 

ultimately bring successful enforcement actions 

against offending vessels, with the ultimate goal of 

creating deterrence in the fleet.

Other Law Enforcement. RLD attorneys assist the 

Coast Guard’s Office of Maritime Law Enforcement 

in developing law enforcement policy and guidance 

on the Coast Guard’s law enforcement missions. As 

our nation’s focus on Oceania grows, Coast Guard 

lawyers in PACAREA and District Fourteen advise 

on legal regimes to counter IUU fishing. As a party 

to the North Pacific Fisheries Commission (NPFC) 

and Western Central Pacific Fisheries Commission 

(WCPFC), the Coast Guard conducted boardings 

under these conventions’ High Seas Boarding and 

Inspection (HSBI) regimes. During this period, RLD 

attorneys provided legal guidance and review on the 

publication of the Coast Guard’s Illegal, Unreported, 

and Unregulated Fishing Strategic Outlook 

Implementation Plan. 

Ports, Waterways, and Coastal Security. RLD 

attorneys continued to play a key role in analyzing 

new counter-unmanned aircraft system (C-UAS) 

technologies and implementing these technologies 

in the field. Attorneys drafted guidance to units and 

participated in planning the use of Coast Guard CUAS capabilities in support of special security 

events. 

Search and Rescue (SAR). RLD attorneys worked 

with international partners to strengthen Search and 

Rescue capacity worldwide. During this period, RLD 

attorneys advised the Coast Guard Office of Search 

and Rescue regarding legal issues related to the 

Coast Guard assuming the Lead Federal Agency 

(LFA) role for the Search and Rescue Satellite Aided 

Tracking (SARSAT) program, including fiscal and 

administrative law issues. They also advised on the 

completion of coordination agreements between the 

United States and other parties to the International 

Convention on Maritime Search and Rescue to 

streamline cooperation in rescues. During this 

period, the Coast Guard concluded new 

arrangements with the Philippines, Turks & Caicos, 

and Mexico. 
32 I C G J A G

Legislation

CGJAG’s Legislative Counsel is responsible for coordinating with various offices throughout the Coast Guard on 

the development and clearance of Coast Guard legislative change proposals (LCPs) and Coast Guard views on 

legislative proposals and legislation.

On January 1, 2021 H.R. 6395, the National Defense 

Authorization Act of 2021, became public law 116-

283. The Coast Guard Authorization Act (CGAA) 

was included in the law as Division G. The CGAA will 

improve the Service’s ability to meet its core 

missions as a military service, law enforcement 

organization, and steward of the environment. This

includes provisions that will: (1) authorize the 

Commandant to promote military members with 

critical skills into positions where their skills will 

support the goals of the Service; (2) prohibit the 

lasing of certain vessels so as to protect against 

maritime casualties; (3) increase the efficiency with 

which the National Pollution Fund Center can 

reconcile claims submitted to the fund; and (4) 

expand the Coast Guard’s ability to immediately 

respond to maritime cyber incidents. 

Pictured: D14 staff interfacing with their clients.

The American Innovation and Manufacturing (AIM) 

Act, signed into law on December 27, 2020, phases 

out the manufacture and importation of 

hydrochlorofluorocarbons (HFCs). HFCs are used 

for refrigeration, cooling and fire suppression on 

vessels, and also in munitions, but have been 

determined to be potent Greenhouse Gases. The 

Coast Guard is working with EPA on the 

development of the "mission-critical military end use" 

provision of the new regulation. The EPA had until 

September 23, 2021 to finalize an initial regulation. 

Under the William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 (Pub. 

L. 116-283), the Coast Guard was recently given the 

authority to establish offshore safety zones in 

support of special activities, including commercial 

space operations. Section 8343 (134 Stat. 4710) of 

the Act directed the Coast Guard to conduct a twoyear pilot program to establish and implement a 

process to establish safety zones to address special 

activities in the U.S. Exclusive Economic Zone 

(EEZ). These novel safety zones not only protect 

commercial and recreational maritime operations but 

will provide critical information to be included in the 

Coast Guard’s report to Congress regarding the 

benefits of offshore safety zones for space activities. 

D7 judge advocates developed novel regulations to 

leverage this authority to ensure the safety of space 

missions and waterway users during space recovery

missions. 
C G J A G I 33

General Law

The mission of the General Law practice area is to provide legal advice in the areas of Fiscal Law, Standards of 

Federal Conduct/Ethics Law, Civilian Employment and Labor Law, Military Personnel Law, and Administrative 

Law. The attorneys in the practice area are responsible for reviewing and commenting on legal authorities, 

delegations, advising on major incident investigations, providing agency positions to the DHS Board of Correction 

for Military Records, and reviewing administrative investigations. Attorneys in the office of General Law also 

provide direct counsel to the Coast Guard’s senior leadership and their staffs. 

Fiscal Law. This past year, fiscal attorneys 

continued to provide substantive advice, research,

and legislative drafting assistance during the 

Service’s response to the COVID-19 pandemic and 

other issues arising from the current economic 

climate. The fiscal law practice group provided real 

time advice to clients on issues such as the

appropriate use of funds during three continuing 

resolutions; continued oversight on the proper use 

of the hurricane supplemental appropriation; 

implementation of the new financial management 

system; transfer of Coast Guard retired pay to the 

Department of Defense Trust Fund; and the use of 

funds for the Coast Guard Museum project. The 

fiscal law practice group also continued to provide 

critical legal support to the Comptroller of the Coast 

Guard on investigations into the proper use of 

appropriated funds and financial management 

internal controls policy. 

Employment Law. Coast Guard employment and 

labor law attorneys handled over 82 Equal 

Employment Opportunity Commission (EEOC) and 

Merit Systems Protection Board (MSPB) cases

during this period. A team of Coast Guard litigators 

from both CG-LGL and Legal Service Command 

prevailed in a closely watched case involving a “sick 

out” of firefighters who were fired for being absent 

without leave when they objected to working with a 

co-worker who had recovered from COVID. In 

addition, Coast Guard employment and labor law 

attorneys provided advice to Coast Guard 

leadership regarding over 343 employment related 

matters. The Coast Guard’s Employment Law 

attorneys provided advice to clients on issues 

related to civilian personnel during the COVID-19 

pandemic, most importantly those involving the 

COVID vaccine mandate and creation of a 

vaccination exemption process. Veterans hiring 

issues, particularly the implementation of the VOW 

Act, continued to require significant attorney 

assistance and resources. Finally, these attorneys 

were instrumental in the creation of a new remote 

work policy, which will significantly expand and alter 

working arrangements for employees, as well as a 

new policy geared toward preventing harassing 

behavior, investigating misconduct, and holding 

employees accountable. 

Ethics. Ethics attorneys provided advice on matters 

of misuse of position, lobbying, gifts, conflicts of 

interest, outside employment and activities, and 

fundraising. This included advising the Coast Guard 

on the myriad gift acceptance issues and on the 

rights and limitations of employees and military

members with respect to political activities. 

Additionally, now that Coast Guard members have 

statutory authority to participate in the Skillbridge

Program, the ethics attorneys have worked to 

implement an internal approval process and advise 

members participating in the program. In conjunction 

with the Real Property attorneys, the office reviewed 

numerous interactions with and plans from the

National Coast Guard Museum Foundation in 

anticipation of receipt of the $150 million museum. 

The Ethics attorneys also managed its first full year 

of electronic filing with both Confidential Financial 

Disclosure Reports using the Army Financial 

Disclosure Management system and Public 

Financial Disclosure Filers using the Integrity 

system. Headquarters attorneys also assisted 

Atlantic Area attorneys in providing the ethics review 

and determinations in association with the 

commissioning of three new Coast Guard cutters 
34 I C G J A G

(USCGC’s), i.e., USCGC EMLEN TUNNELL, 

USCGC JOHN SCHEUERMAN, and CLARENCE 

SUTPHIN, the Coast Guard’s new Sentinel-class 

cutters. The review included the factors and 

applicable regulations for the acceptance of free 

attendance to commissioning dinners and gifts to 

members of the respective crews. 

Real Property. Real property attorneys provided 

legal advice and services on a multitude of real 

property matters. This included engaging 

stakeholders in Seattle, Washington as the Coast 

Guard seeks to expand its footprint there at Base 

Seattle. The Coast Guard continued its pursuit of the 

transfer of the Cape Flattery lighthouse to the Makah 

Tribe in Washington State and finalized 

reconstitution of Coast Guard property affected by 

Hurricanes Irma and Maria. Additionally, the real 

property team continued to assist the Coast Guard 

as it works to establish a national Coast Guard 

museum in New London, CT, and continues to 

advise upon the administration of a $50 million grant 

for construction of the museum.

District One attorneys provided guidance to Sector 

Boston and the District One command in 

coordinating the potential divestiture and transfer of 

Boston Light, the Oldest Lighthouse in the United 

States, to the National Park 

Service, pursuant to the 

1989 National Historic 

Lighthouse Preservation 

Act. The District One Legal 

Office facilitated the 

communications with CG4, CG-LMI-E, CG-LGL, and 

Atlantic Area to evaluate 

legal authorities, to include 

discussions regarding 

numerous Commandant 

Decision memos and internal legal opinions. The 

District One Legal Office also coordinated with 

District One External Affairs to manage messaging 

for the transfer of this historically and locally 

significant piece of Coast Guard 

property. Ultimately, the District Commander 

approved the request to initiate the divestiture of the 

lighthouse, and coordinated with CG-4 to conduct 

the environmental analysis necessary to conduct the 

process.

LSC attorneys with specialties in real property and 

environmental law are critical players in advancing 

the Commandant of the Coast Guard’s goal to 

modernize the Coast Guard’s shore infrastructure 

support programs and mature long-term 

homeporting processes around the country. This 

past year, LSC attorney support has been 

instrumental in the Coast Guard’s intended 

expansion of Coast Guard Base Seattle, which is 

needed to support a new $1 billion Polar Security 

Cutter in 2025 and other future Coast Guard ships. 

Of note, LSC attorneys initiated and negotiated a 

creative consent order with the U.S. Environmental 

Protection Agency (EPA), enabling the Coast Guard 

to start the environmental clean-up necessary for 

dredging and pier reconstruction. 

The diagram above is of the Base Seattle expansion. The 

diagram reflects the complex legal issues of both an 

environmental and real property nature.
C G J A G I 35

To support the expansion of Base Charleston, SC, 

in January 2022, LSC attorneys filed a final opinion 

of title acquiring additional real property to support 

an additional nine Coast Guard cutters. This highly 

complicated transaction involved a land transfer 

between two federal agencies and one state 

public/private entity. The Commandant himself 

heralded the acquisition of an exemplar “center of 

gravity” to support U.S. maritime operations.

Administrative Law. General Law attorneys were 

instrumental in handling the myriad issues related to 

religious accommodation requests associated with 

the Coast Guard’s COVID-19 vaccine mandate. The 

office spearheaded the Coast Guard’s revision of the 

religious accommodation manual and subsequently 

reviewed over 1300 religious accommodation 

requests and 900 appeals as the Coast Guard faced 

an unprecedented number of requests. 

The team worked extensively with colleagues both 

within the Coast Guard and the DoD to revise the 

Coast Guard’s extremism policies in accordance 

with new DoD guidance. Attorneys also advised 

senior leadership on the scope of First Amendment 

protections for both military and civilian members. 

Attorneys assisted offices throughout the Coast 

Guard with developing legislative change proposals 

and delegation memorandums that will continue to 

drive retention and accession rates. Examples 

include a delegation for the Coast Guard to 

unilaterally manage an expanded JROTC program, 

run a pilot program for new maternity uniforms, and 

increase Coast Guard senior officer representation 

at DoD capstone leadership courses. 

General Law attorneys submitted over 250 Coast 

Guard advisory opinions to the Coast Guard Board 

for Correction of Military Records and reviewed 

nearly all Coast Guard-wide guidance for legal 

sufficiency, amounting to over 1000 reviews.

Field attorneys continued to supervise Major 

Incident Investigations, review inter-agency 

agreements, and provide general law and command 

advice to commands within their area of 

responsibility. Headquarters attorneys served as 

legal advisor on over a dozen Mishap Analysis 

Board investigations. 

The District Eight Legal Office made concerted 

efforts to support the investigation of internal Coast 

Guard marine and aviation mishaps. District Eight 

attorneys deployed with investigation teams to 

investigate an aircraft fire, a major cutter collision, 

and incidents of small boats capsizing and 

grounding. The thorough investigation and follow-up 

action for these incidents significantly contribute to 

safety lessons learned for the prevention of future 

mishaps.
36 I C G J A G

Regulations and Administrative Law

The Coast Guard is charged with developing and enforcing regulations to ensure the safety of marine navigation, 

protect the environment, conduct search and rescue, enforce laws and treaties, and maintain marine security. 

Coast Guard attorneys draft new regulations, including ones that reduce burdens, based on those mandates and 

also provide advice to field commanders on the implementation of all existing regulations and their enforcement 

and applicability. 

The Office of Regulations and Administrative Law 

manages the Coast Guard regulatory agenda, 

oversees regulatory initiatives, works with attorneys 

in districts on local field regulations, provides advice 

about the Federal Advisory Committee Act (FACA), 

and responds to rulemaking-related 

recommendations and complaints filed by the public.

The Coast Guard’s rulemaking program continues to 

balance a portfolio of regulations touching on a wide 

variety of the 11 Coast Guard missions. Since last 

year’s report, the Coast Guard Headquarters

published several rules and proposed rules, as well 

as more than 100 notices to comply with a variety of 

legal requirements such as the Paperwork 

Reduction Act and FACA. Additionally, Coast Guard 

field units, including Sectors and Districts, drafted

field regulations or non-controversial rules that affect 

only localized areas. During this period, the Coast 

Guard published nearly 400 field regulations. 

The Coast Guard continued engaging in an 

extensive review of its regulations, guidance 

documents, and collections of information. The 

following notable interim rule, notice of guidance, 

and advance notice of proposed rulemaking, provide 

examples of recent publications, including one 

seeking comments at a pre-rule stage: 

The Coast Guard published an interim rule 

December 27, 2021, as the first step to implementing 

the statutorily mandated requirements for fire safety 

on certain covered small passenger vessels. This 

statutory mandate is in response to the fire and loss 

of life on the dive boat CONCEPTION off the coast 

of California on September 2, 2019. The interim rule 

adds additional fire safety requirements for small 

passenger vessels, including fire detection and 

suppression systems, avenues of escape, egress 

drills, crew firefighting training, watchmen monitoring 

devices, and the handling of flammable items such 

as rechargeable batteries. 

The Coast Guard published an advance notice of 

proposed rulemaking on June 19, 2020 and will next 

propose to establish shipping safety fairways 

(fairways) along the Atlantic Coast of the United 

States to facilitate the direct and unobstructed transit 

of ships. Fairways are marked routes for vessel 

traffic in which any fixed obstructions are prohibited. 

The proposed fairways will be based on port access 

route studies about vessel traffic along the Atlantic 

Coast. The Coast Guard is taking this action to 

ensure that traditional shipping routes are preserved 

to and from US ports and along the Atlantic coast 

and to reduce the risk of collisions, allisions and 

grounding, as well as alleviate the chance of 

increased time and expenses in transit. Establishing 

shipping fairways will help facilitate the efficient 

development of offshore renewable energy.

In addition to these two, the Coast Guard engaged 

in the following substantive national regulatory or 

guidance efforts since our last ABA Report: Advance 

Notice of Proposed Rulemaking, Electronic Chart 

and Navigational Equipment Carriage 

Requirements; Final Rule, Great Lakes Pilotage 

Rates–2022 Annual Review and Revisions to 

Methodology; Notice of Availability, Determining 

Pictured: Shipping Safety Fairways Along the Atlantic Coast 

Advanced Notice of Proposed Rulemaking
C G J A G I 37

Whether a Floating OCS Facility is a Vessel or NonVessel; Oversight and Manning Requirements; Final 

Rule, Operational Risk Assessments for Waterfront 

Facilities Handling Liquefied Natural Gas as Fuel, 

and Updates to Industry Standards; Notice of 

Proposed Rulemaking, User Fees for Inspected 

Towing Vessels; Final Rule, Financial 

Responsibility—Vessels; Superseded Pollution 

Funds; Final Rule, Fire Protection for Recreational 

Vessels; Notice of Proposed Rulemaking, Updates 

to Marine Engineering Standards; Notice of 

Proposed Rulemaking, Uniform Certificate of Title 

Act for Vessels; Notice of Proposed Rulemaking, 

Towing Vessel Firefighting Training; Notice of 

Proposed Rulemaking, Pilots’ Medical Certificate 

Validity Period; Final Rule, Electronic Submission of 

Facility Operations and Emergency Manuals; and 

Request for Information, Coast Guard Programs, 

Regulations, and Policies for Addressing Climate 

Change.

District Eight processed approximately 150 

temporary field regulations during this period, a 

significant number due to District Eight’s large AOR, 

including the establishment of a new anchorage in 

the New Orleans. District Eight attorneys also 

assisted with federal coordination and environmental 

review of the Super Heavy Project in Boca Chica 

Texas, the hub of SpaceX’s research and 

development, which aims to send crew to Mars.
38 I C G J A G

Procurement Law

The Procurement Law program is responsible for providing expert legal counsel on major systems acquisitions. 

The program works with the stakeholders throughout the Coast Guard to deal with legal issues focused on 

matters having an impact on Coast Guard acquisitions, including acquisition planning, source selections, contract 

administration, and related litigation. The program also handles matters that arise from or are related to Coast 

Guard acquisitions including fiscal law, third party FOIA requests, procurement regulations and policies, and 

legislation impacting the procurement process. 

During this period, the Procurement Law program 

participated in the following procurement actions. 

Offshore Patrol Cutter (OPC). The Offshore Patrol 

Cutter (OPC) procurement is the Coast Guard’s largest 

single-class cutter acquisition. In 2018, the Coast Guard 

exercised an option with Eastern Shipbuilding Group, Inc. 

(ESG) to begin construction for the first OPC. On October 

10, 2018, Category 5 Hurricane Michael struck shore near 

Panama City, significantly impacting ESG's production 

capacity. As a result, the ESG contract was limited to four 

hulls. The Coast Guard held a competition for production 

of 11 more OPCs. On June 30, 2022, the Coast Guard 

awarded the follow-on production contract to Austal USA 

with options to build up to 11 OPCs.

Pictured: Rendering of OPC

National Security Cutter (NSC). The NSC is the 

largest and most advanced class of cutter in the 

Coast Guard. The Coast Guard took delivery of the 

eighth NSC, USCGC MIDGETT, in 2019. Currently 

NSCs #10 - #11 are at varying stages of production 

at Huntington Ingalls Industries shipyard in 

Pascagoula, MS. NSC #9 was delivered in 2020 and 

is currently undergoing post-delivery availabilities in 

advance of final acceptance. CG-LPL attorneys 

assisted the Contracting Officers in the 

administration of the construction contracts and 

handling various issues that present themselves.

Unmanned Airborne Systems (UAS). The Coast 

Guard uses UAS to augment its manned aircraft fleet 

and to enlarge the surveillance range of its fleet of 

cutters. Small UASs deploy from the deck of eight 

NSCs under a contract with Insitu, Inc. to operate the 

ScanEagle UAS. The deployments have been wildly 

successful. Although no procurements are as-yet 

planned, efforts are underway to consider use of 

unmanned systems on other Coast Guard platforms.

Fast Response Cutter (FRC). The Coast Guard 

took delivery of 44 of the Sentinel-class FRC, a 154’ 

multi-mission cutter under production contracts with 

Bollinger Shipyards. Included in the delivered cutters 

are the first three FRCs for the six total planned. CGLPL is providing legal support for the exercising of 

options for FRCs 1161 through 1164, plus 

associated spares, scheduled to be awarded at the 

end of July 2021.

Waterway Commerce Cutter (WCC). 

The Coast Guard's current inland tender fleet 

consists of 35 tenders that support the service's aids 

to navigation (ATON) mission in federal inland 

waterways. These tenders play a vital role in 

directing the traffic of the nation's Marine 

Transportation System (MTS) and supporting the 

U.S. economy by enabling the efficient flow of goods 

nationwide. The fleet is responsible for maintaining 

more than 28,200 marine aids throughout 12,000 

miles of inland waterways, which move 630 million 

tons of cargo annually. The WCC acquisition 

program will replace the legacy inland tender fleet 

where average vessel age is in excess of 55 years. 

Source Selection is underway for the design and 

construction of new river buoy and inland 

construction tenders. The program anticipates 

contract award in the summer of 2022. 

Rendering of the OPC.
C G J A G I 39

Polar Star Service Life Extension Project (SLEP). 

Coast Guard Cutter POLAR STAR is a 399-foot 

cutter, the service's only active heavy polar 

icebreaker, which was commissioned in 1977. The 

SLEP will occur in a five-year, phased production 

between 2021 and 2025. When completed, the 

SLEP effort will recapitalize a number of major 

systems and extend the service life of the cutter until 

a second polar security cutter is operational. In 

January 2021, the contract for this effort was 

awarded to Mare Island Dry Dock, LLC.

Polar Security Cutter. In conjunction with the Navy, 

the Coast Guard has procured the design and 

production of the Polar Security Cutter (PSC) by V.T. 

Halter, Inc. The contract performance is still in the 

detailed design phase and the Coast Guard is 

funding long lead-time materials and expects to take 

delivery of the first new hull in 2024. Program 

attorneys worked with the Human Systems 

Integration office for the successful award of a 

contract to develop the training modules to be 

deployed to the first PSC crews. This is the first such 

effort undertaken by the Coast Guard for training 

development.

Fixed-Winged Modernization. The Coast Guard 

operates three fixed-wing platforms for 

reconnaissance and other critical mission sets. The 

service is completing the integration of the Navy’s 

Minotaur mission system architecture across the 

Coast Guard’s HC-130J (12 completed), HC-144B 

(7 completed), and C-27J (first 4 at various stages of 

work) fixed-wing aircraft fleets. The Coast Guard 

partnership with the Navy and Customs and Border 

Patrol (CBP) Minotaur programs enables long-term 

capability management and supports DHS Unity of 

Effort joint operational requirements development to 

drive down costs. Program counsel work with the 

various programs to ensure their contracting needs 

are met appropriately. For example, the CH-144B 

program successfully conducted a competition for a 

contract to create Maintenance Training Units to be 

used at the Aircraft Training Center-Mobile, 

Alabama.

Rotary Wing Aircraft. The Coast Guard operates 

two rotary wing aircraft platforms, the iconic H-65, 

with its bright orange color scheme, and the MH-60T, 

a medium-range workhorse. The H-65 helicopters 

are currently undergoing depot maintenance where 

the airframes receive a suite of upgrades to the 

cockpit and wiring systems. Procurement attorneys 

work with the contracting personnel and program to 

ensure the needed parts and service-providers are 

on-contract and providing what is needed. The MH60 program is entering a SLEP to ensure that the 

fleet is available to conduct all needed mission areas 

into the 2030’s. In order to perform the SLEP, Coast 

Guard personnel, working with program attorneys, 

have selected the best means of adding service 

hours to each aircraft and are in the process of 

procuring the necessary equipment and labor to 

conduct the SLEP. Recently, with program counsel 

support, the Coast Guard entered in to a contract to 

purchase the airframes for the H-60, which will be 

manufactured in the Coast Guard’s unique 

configuration for the first time. This was a significant 

milestone in the program.

Claims and Bid Protests. Procurement attorneys 

assist in the defense of contract actions in the event 

they are challenged before the Government 

Accountability Office (GAO) or at the agency level. 

Attorneys routinely work with programs and 

contracting personnel to avoid or deter bid protests. 

Program attorneys managed eight GAO protests in 

Fiscal Year 2021 and eight agency-level protests. 

These were either dismissed, denied, or resulted in 

corrective action. Procurement attorneys also 

handle litigation of contract appeals before the 

Civilian Board of Contract Appeals and assist the 

Department of Justice in litigation before the Court of 

Federal Claims. Currently, the Coast Guard has one 

pending matter before the Civilian Board of Contract 

Appeals at various stages of litigation.

Procurement Fraud Remedies Coordination. The 

Coast Guard does not have independent authority to 

suspend or debar contractors or vendors found to be 

non-responsible. However, a procurement attorney 

serves as the Procurement Fraud Remedies 

Coordinator (PFRC) to work with the Coast Guard 

Investigative Service (CGIS), DHS, and inter-agency 

counterparts on such matters. The PFRC works 

closely with contracting personnel and CGIS to 

investigate claims of procurement fraud and 

determine the appropriate remedy if found. The 
40 I C G J A G

PFRC then coordinates any proposed suspension or 

debarment action with the DHS Suspension & 

Debarment Official. Finally, the PFRC represents the 

Coast Guard in this role on inter-agency working 

groups and interacts with the Department of Justice, 

as needed.

Acquisition and Procurement Law at the Legal 

Service Command. The Acquisition and 

Procurement Law Division (LSC-APL), consisting of 

the Supervisory Attorney/Division Chief and eight 

Contract Law Attorneys, supports the procurement 

law and litigation needs of the Coast Guard’s asset 

sustainment community, including the Logistics 

Centers for Aviation, Surface Forces and Shore 

Infrastructure and Communications, Command 

Control and Navigation sustainment of the C5I 

Service Center, from offices in Baltimore, MD;

Elizabeth City, NC; Norfolk, VA; and Alameda, CA. 

LSC-APL and the Office of Acquisition and 

Procurement Law at Coast Guard Headquarters 

and, together, constitute the Coast Guard 

Acquisition and Procurement Community of Practice 

(ACOP). 

LSC Procurement Law Attorneys engaged with their 

technical and contracting teammates to provide the 

Coast Guard with Depot Maintenance for all aviation, 

surface and shore assets and construction of new 

facilities in 2021 and 2022. The innovative 

“Integrated Procurement Team” approach won the 

Legal Services Command Procurement Law 

Attorneys an “Excellence in Service Award for 

Superior Mission Achievement” from the Department 

of Homeland Security Chief Financial Officer for 

2022. 

Aviation Logistics Center. The Aviation Logistics 

Center Integrated Procurement Teams contracted 

for next generation radar systems and search and 

rescue electro-optical and infrared sensors and to 

guarantee availability of replacement parts for 

aircraft nearing obsolescence. 

Surface Forces Logistics Center. Surface Forces 

Logistics Center Integrated Procurement Teams 

ensured that critical upgrades to legacy Cutters 

remained on track despite the Bankruptcy liquidation 

of the prime contractor and ensured that Coast 

Guard Patrol Boats in Bahrain received the 

necessary logistics support to perform their force 

protection missions in the Persian Gulf. 

Facilities Design and Construction Center 

(FDCC). Facilities Design and Construction Center 

(FDCC) Integrated Procurement Teams contracted 

for the construction of 50 three and four bedroom 

houses for Coast Guard families in the Nemetz Park 

housing area in Kodiak, Alaska and recently 

awarded the largest ever single construction 

contract in FDCC history ($113M) in Borinquen, PR. 

This design-build construction project is the second 

and final phase of the hurricane rebuild efforts in 

Borinquen and comprises a significant level of effort 

to rebuild in Puerto Rico. 

Energy. LSC Procurement Law Attorneys also 

teamed with their Coast Guard Energy counterparts 

and the Department of Energy to contract for a 5 

megawatt solar array that will permit the Coast 

Guard Training Center Petaluma to operate off the 

electrical grid in emergency situations.
C G J A G I 41

Legal Services Provided to USCG Training Centers 

The Coast Guard Training Centers (TRACEN). 

TRACENs are located in Cape May, Yorktown, 

Petaluma, and the Maritime Law Enforcement 

Academy. The TRACENs present unique legal 

challenges and opportunities. Mid-grade Coast 

Guard attorneys serve as the Staff Judge Advocate 

for our Training Centers where these independent 

Staff Judge Advocates not only advise their 

commanders on the full range of legal issues, but 

also serve as legal assistance attorneys, helping 

members resolve civil legal matters to promote 

readiness and morale. 

The coronavirus pandemic underscored the value of 

the legal assistance program as the pandemic 

exacerbated financial stressors and created other 

unique legal issues. 

During this unique time, the TRACEN SJAs helped 

the Coast Guard’s Training Centers modify training 

plans, implement COVID testing and safety 

protocols, and address other issues related to 

service contracts, facility access, and liability to 

protect Coast Guard interests.

Legal Services Provided to the Coast Guard Academy

The Coast Guard Academy (USCGA). The 

USCGA SJA Office is responsible for providing 

legal advice to the Superintendent and 

approximately 2000 members of the Coast Guard 

Academy - including CGC EAGLE and the Coast 

Guard Band - regarding courts-martial, non-judicial 

punishments, cadet misconduct, appropriated and 

non-appropriated fund expenditures, administrative 

investigations, and ethics. Additionally, the SJA 

Office advises cadets, faculty, and staff about 

unique, higher education legal issues due to

USCGA's status as an institution of higher learning 

such as copyright law; intellectual property; patent 

law; academic hiring, firing, and tenure; and NCAA 

compliance.
42 I C G J A G

LSC Detachment at Personnel Service Center (LSC-PSC)

LSC-PSC. The LSC Detachment at Personnel 

Service Center (LSC-PSC) serves to provide 

comprehensive legal support to customers across 

the PSC Enterprise (Command, Officer Personnel 

Management (OPM), Enlisted Personnel 

Management (EPM), Reserve Personnel 

Management (RPM), Business Operations and 

Personnel Support divisions within PSC and Coast 

Guard Recruiting Command, Pay and Personnel 

Center, and Community Services Command) as well 

as Staff Judge Advocate services to the 

Commanding Officers of Coast Guard 

Headquarters, Base National Capital Region, Air 

Station Washington, Ceremonial Honor Guard, and 

Coast Guard Counterintelligence Service. LSCPSC personnel are proficient in matters of military 

personnel actions, including recruitments, 

accessions, promotions, advancements, 

continuations, retentions, evaluations, commissions, 

enlistments, appointments, assignments, 

separations, and adverse actions.

PSC Boards and Panels: LSC-PSC completed 

legal sufficiency review of all convening precepts 

and reports of results for all boards and panels 

conducted by PSC-OPM, EPM and RPM and CG 

Recruiting Command, as well as provided real-time 

legal advice as needed during proceedings. LSCPSC’s efforts led to the efficient processing of 

largescale military personnel actions, including the 

Master Chief Advancement Panel, which was 

expanded to Reserve members for the first time, and 

the Command Senior Enlisted Leader Panel, which 

was run concurrently for Active Duty and Reserve 

members, also for the first time.

Legislative Change Proposals (LCPs): LSC-PSC 

provided legal review for and helped shape LCPs to 

(1) establish a Coast Guard Medical Corps and (2) 

reform aspects of the College Student PreCommissioning Initiative Program. In both cases, 

the PSC attorney support identified concerns with 

initial proposals and enabled client elements to 

transform efforts into products that maximized the 

opportunities to resolve longstanding problems and 

develop authorities that match service needs.

LSC - Command Services 

CG’s First Emotional Support Dog. In August 

2021, LSC provided guidance to accept the CG’s 

first emotional support dog, Winston, as a gift from 

Thor’s Hope Foundation. As a result, Winston has 

broken down barriers to active duty members 

seeking support and drastically increased the impact 

of BASE LA/LB Work Life efforts. Winston has 

uplifted exhausted members at an oil spill ICP, 

supported those grieving at a CG member’s 

memorial service, comforted distressed trainees at

suicide prevention training, and calmed anxious 

candidates readying for Command-screening oral 

qualification board. 

Pictured: Winston, the Coast Guard’s first emotional Support Dog. 
C G J A G I 43

After his dedicated service, during this period, 

Winston was advanced to Honorary Chief by the 

BASE Los Angeles/Long Beach Mess.

Base Kodiak Support. LSC attorneys collaborated 

with Base Kodiak Command/Clinic and a local 

hospital to establish a Memorandum of Agreement 

for refilling oxygen canisters, obviating the need for 

aerial/shipping support to maintain oxygen supply on 

Kodiak Island. This partnership is a benefit for the 

large Coast Guard contingent on the island as well 

as community members who often need to frequent 

the Kodiak Clinic, particularly during COVID-19 

operations. 

Skillbridge. LSC East and West came together in 

rapid response to the newly promulgated Skillbridge 

internship program that required ethics attorney 

input. LSC leveraged CG-8 to develop a CGJAGwide process guide streamlining member and 

command approval and getting members into 

Skillbridge internships within weeks of the program’s 

creation. 

Command Services Support. LSC provided 

attorney assistance as a Deposition Officer in 

support of an international USN General CourtMartial case for four separate depositions. The LSC 

attorney helped pioneer the use of 

videoconferencing and telepresence to conduct 

each evolution from the safety of the United States, 

saving the staggering cost of relocating the entire 

legal team to SOUTHCOM. This also avoided the 

danger of exposing key personnel to an unchecked 

outbreak of COVID-19 at the interview site and 

dangerous travel to a Department of State 

designated Level-4 “Do not travel” nation.

LSC managed the convening of three Class A and B 

Mishap Major Incident Investigations for DCMS and 

FORCECOM ranging from aircraft hard landings to 

a cutter fire. 

LSC assisted the Base Miami Beach CO with 

separating (after reduction in ranks and 

confinement) three members for drug dealing with 

each other.

LSC assisted Base Cape Cod with accepting and 

distributing 100 tickets to its members for a Garth 

Brooks concert.

LSC visited Base Charleston, Base Miami Beach, 

and Base San Juan in-person to build relationships 

with Commands and provide misconduct/AHHI 

trainings to their Chiefs Mess and junior officers.
44 I C G J A G

Tomorrow looks different. So will we.

We will be a more adaptive and connected Coast

Guard that generates sustained readiness,

resilience and capability

– in new ways –

to enhance our Nation’s maritime safety, security,

and prosperity.”

ADMIRAL LINDA FAGAN, 

1 JUNE 2022
C G J A G I 45

CG Commandant and Vice 

Commandant 

CGJAG DCL Operations 

Familiarization 

CGJAG DCL Operations 

Familiarization 

94 year old Ellis Bert, former 

USCG

Honor Flight
OFFICE OF THE JUDGE ADVOCATE GENERAL

Commandant (CG-094)

Coast Guard Mail Stop 7213

2703 Martin Luther King Ave., SE

Washington D.C. 20593-7213

CoastGuardDCL@uscg.mil

www.GoCoastGuard.com