ABA Military Pro Bono Project Offers Civil Legal Assistance to US Service Members
Posted Jun 1, 2011 3:20 AM CDT
By Stephen N. Zack
One thing I’ve learned as ABA president is that 12 months is not long enough to tell you about all the important projects we take on. I would like to share one project with you that relates to the ABA’s increasing advocacy on behalf of our fighting men and women.
Our troops serve our country bravely and deserve our support. That is why the Standing Committee on Legal Assistance for Military Personnel, or LAMP, launched its Military Pro Bono Project nearly three years ago. The project—supported by the ABA Section of Litigation and the leadership of the various military legal assistance services—connects income-eligible, active-duty service members with civilian attorneys who work pro bono on civil matters that go beyond services available through military legal assistance.
FOCUS ON CIVILIAN ISSUES
The project has established a national referral network of civilian attorneys who provide pro bono representation to our troops when military legal assistance is not available for civil matters, such as consumer law issues, landlord-tenant cases or child custody battles. Military attorneys can offer guidance and analyze these cases for merit and legitimacy, but are limited in what they can do due to practice rules and military regulations that bar certain types of in-person representation.
Cases have been referred from everywhere—Afghanistan, Asia, Europe and Iraq, among others. Intake forms are available on the Internet, so a case can be referred by a military attorney from anyplace with Web access.
Some state bar associations offer similar programs, but these seldom go beyond state lines and are not coordinated with the Department of Defense. The ABA project is the first one where the military’s legal assistance services have reached out to work with the private bar.
There is no model for this, no template. We worked together to create something that was needed but had never been tried before. And since its launch, with dedicated staffing of just one part-time attorney, the project has placed around 325 cases in 41 states, with more than 1,100 attorneys helping across the country. It’s estimated that these cases represent more than $1.3 million in billable hours donated by our attorneys to service members.
One example is Ken, an Army paratrooper who learned while in Iraq that his monthly pay was being garnisheed by nearly $700 per month because of a default judgment in a child support case that dated back five years to his training at Fort Bragg near Fayetteville, N.C.
The court documents, sent to Ken’s last known address, never reached him. Nonetheless, a North Carolina judge entered a judgment against the soldier, and the county child support agency moved to take part of his wages.
Ken questioned his paternity and asked for help from Army attorneys in Iraq. They contacted the ABA’s Military Pro Bono Project in Chicago. The Law Offices of Mark E. Sullivan in Raleigh accepted the case last summer and filed a motion that the Service Members Civil Relief Act had not been properly followed. In short, the firm got the judgment suspended. After a paternity test showed that Ken was not the father, the child custody office voluntarily dismissed the case and returned about $1,800 to him that it held in escrow.
The DOD is so enthused about this project that it activated a lieutenant colonel reservist to serve as a liaison between the services and the ABA, and to promote the project to other military attorneys. In October, the judge advocate generals of the Army, Air Force, Navy and Coast Guard, and the staff judge advocate of the Marine Corps, thanked the ABA for “squarely addressing a need for pro bono legal support.” And recently, LAMP received the 2010 Support for Military Families Award from the National Military Family Association.
NEEDS STILL NOT MET
While the Military Pro Bono Project is a jewel in the ABA crown of projects that promote access to justice, the reality is that we are not even close to meeting the need. Many cases are grouped around military communities in states like California, Florida, North Carolina, Texas and Virginia. But the legal matters stretch coast to coast. The ABA needs more pro bono participation, especially in rural areas. We are looking to better answer the military’s call by boosting our resources. There are just too many cases in the pipeline that call out for help.
So during this patriotic holiday season, offer your support to our military personnel. Join the ABA member roster of attorneys at militaryprobono.org, and help service members with their legal issues. Or make a financial, tax-deductible contribution. Your support will transcend your community and our profession; it will help our nation. Our uniformed men and women deserve it.
For more information on the ABA Military Pro Bono Project or to learn how you or your firm can contribute, please e-mail militaryprobono@americanbar.org.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.
Military and Criminal Defense
Friday, August 19, 2011
Ban on Gays in the Military Lifted by 9th Circuit
9th Circuit Bars Enforcement of ‘Don’t Ask, Don’t Tell’
Posted Jul 7, 2011 7:32 AM CDT
By Debra Cassens Weiss
A federal appeals panel has issued an order that bars the government from enforcing its "don’t ask, don’t tell" policy on gays in the military.
The San Francisco-based 9th U.S. Court of Appeals acted on Wednesday in a case involving a constitutional challenge to the policy, report the New York Times and the Recorder.
A federal judge had found the don’t ask, don’t tell policy unconstitutional in October and barred enforcement. A month later the 9th U.S. Circuit Court of Appeals stayed the judge’s injunction, allowing the government to continue enforcing its policy. Yesterday’s order lifts the stay.
The appellate panel noted two changed circumstances since it issued the stay last November, the stories say.
First, a repeal of the policy is already under way. Second, the Obama administration took the position in a different case on Friday that sexual orientation classifications should be subject to heightened scrutiny. The other case involves a 9th Circuit staff lawyer seeking health insurance coverage for her wife, the Recorder reports.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.
Posted Jul 7, 2011 7:32 AM CDT
By Debra Cassens Weiss
A federal appeals panel has issued an order that bars the government from enforcing its "don’t ask, don’t tell" policy on gays in the military.
The San Francisco-based 9th U.S. Court of Appeals acted on Wednesday in a case involving a constitutional challenge to the policy, report the New York Times and the Recorder.
A federal judge had found the don’t ask, don’t tell policy unconstitutional in October and barred enforcement. A month later the 9th U.S. Circuit Court of Appeals stayed the judge’s injunction, allowing the government to continue enforcing its policy. Yesterday’s order lifts the stay.
The appellate panel noted two changed circumstances since it issued the stay last November, the stories say.
First, a repeal of the policy is already under way. Second, the Obama administration took the position in a different case on Friday that sexual orientation classifications should be subject to heightened scrutiny. The other case involves a 9th Circuit staff lawyer seeking health insurance coverage for her wife, the Recorder reports.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.
Former Defense Secretary Subject of Lawsuit
Judge OKs Army Vet’s Suit Against Rumsfeld Over Torture Allegations
Posted Aug 4, 2011 6:10 AM CDT
By Molly McDonough
A federal judge this week allowed the case of an Army veteran who claims he was imprisoned and tortured by U.S. military in Iraq to move forward against former Defense Secretary Donald Rumsfeld.
The vet, who isn't identified in court documents, was working as a contractor for an American company as a translator in Anbar province when he claims he was inexplicably detained for nine months at Camp Cropper near Baghdad, the Associated Press reports.
The government reportedly suspected the man of helping pass classified information to the enemy. But he was never charged and released as suddenly as he was detained.
Citing court filings, the AP reports that the man's federal suit alleges Rumsfeld personally approved torturous interrogation techniques on a case-by-case basis and violated his rights by not allowing him access to courts.
In his opinion (PDF), U.S. District Judge James Gwin of the District of Columbia, held that Americans have continuing rights to constitutional protections at home or abroad.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.
Posted Aug 4, 2011 6:10 AM CDT
By Molly McDonough
A federal judge this week allowed the case of an Army veteran who claims he was imprisoned and tortured by U.S. military in Iraq to move forward against former Defense Secretary Donald Rumsfeld.
The vet, who isn't identified in court documents, was working as a contractor for an American company as a translator in Anbar province when he claims he was inexplicably detained for nine months at Camp Cropper near Baghdad, the Associated Press reports.
The government reportedly suspected the man of helping pass classified information to the enemy. But he was never charged and released as suddenly as he was detained.
Citing court filings, the AP reports that the man's federal suit alleges Rumsfeld personally approved torturous interrogation techniques on a case-by-case basis and violated his rights by not allowing him access to courts.
In his opinion (PDF), U.S. District Judge James Gwin of the District of Columbia, held that Americans have continuing rights to constitutional protections at home or abroad.
----------------------------------------------------------------------------------------
The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.
Friday, August 5, 2011
Massachusetts Firearm Identification Card
The Massachusetts Firearm Identification Card (FID) is a requirement based on gun policy changes which were part of the Massachusetts Gun Control Act which went into affect June 1, 1998. As part of the new set of Massachusetts firearm requirements all new firearm license applicants must complete a certified firearms safety course or Basic Hunter Education Course. These courses provide one of two FID cards with varying requirements. A class “A" license to carry permits the purchase, possession and carrying of all ammunition, handguns, rifles, shotguns and feeding devices and in addition, permits the holder to carry a concealed firearm. The class "B" permits the purchase, possession and carrying of all ammunition, non-large capacity handguns, and all rifles and shotguns but does not allow the holder to carry a concealed firearm under any circumstances.
The requirements for obtaining a Massachusetts FID card consist of: being at least 18 years old (15-17 with parental consent), and completing a Massachusetts approved firearms safety course or basic hunter education course. The license is valid for a total of 6 years, after which applicants must reapply but are not required to attend the safety course. A restricted FID card is also available specifically for the possession of mace or pepper spray, which also does not require the firearm safety course. Massachusetts has strict penalties for being caught with an unlicensed firearm, and lawbreakers may even be subject to a 90 day sentence that extends to possession of ammunition.
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