The JAG Corps has recently mobilized 18 Reserve attorneys and paralegals to augment the Soldiers' Counsel at the PEB. This should have a large impact.
Historically, the Soldiers' Counsel at the PEB were typically drawn from the Legal Assistance Office of the servicing Office of the Staff Judge Advocate. In my opinion, in the past there were many problems with the administration of providing legal advice. For example, at Fort Sam Houston, there are NO permanent paragraph and line number positions on the Table of Distribution and Allowances (TDA). That means the attorneys filling the job had to be "borrowed" from another position or else were mobilized reservists. Prior to the scandal at Walter Reed, few Judge Advocates even knew about the position. A Soldiers' Counsel position was not tracked as a great career move for a JA. As a result, the active duty attorneys typically cycled through the job in less than a year. Ironically, just as counsel became very proficient with the system, they were moved to another job. And then the cycle started over. Previously, there were 2-3 Soldiers' Counsel at the PEB. As recently as a year ago, legal counsel were handling 5-7 cases PER DAY. A great improvement in the past year was the decision by the Texas PEB President to only schedule a maximum of 7 cases per week per attorney and no more than two per day.
The high volume of cases had an obvious effect on the representation of Soldiers at the PEB. The main problem with the high volume of cases was that attorneys had relatively little time to work on a case. It meant that the attorneys did not have the time to contact a Soldier early on in the process and assist in gathering evidence and laying the ground work for a successful case. I also know that at the Texas PEB there were a lot more cases waived a year ago than now. The limitation in the last year of the number of cases per attorney allowed the Soldiers' Counsel to assist earlier in the process and also to help draft appeals.
So, what impact of the additional attorneys? Well, as of last month there were two attorneys at the Texas PEB. Now there are five. So, the workload per attorney will be cut more than in half. This should allow even earlier contact of Soldiers. Each attorney will have more time to devote to each case. All of this is a positive development.
The only downside I see is that the additional attorneys will have a longer time before they are truly proficient. The fact of the matter is that most of the training that Soldiers Counsel get is on the job training. So less volume of cases means more time until they have exposure to a variety of different cases. Another problem is the fact that they are now mobilized reservists. This means that they will likely serve the year long mobilization and then return to their civilian life. The result is that there is no reservoir of institutional knowledge or preservation of the skills learned over the mobilization.
I think it is great the JAG Corps is putting more attorneys at the PEB's. It is a step in the right direction. But there are a few more improvements I would like to see. First, I think it is important to create permanent positions instead of filling the slots by mobilizing reservists. (Not because they are reservists, but because of the significance of having a permanent slot. It has all sorts of implications, including for funding. Just so no one thinks I am beating up on reservists, I served ten years in the Guard before accessing into the JAG Corps as an active duty officer). One of the permanent positions should be a Chief, Soldier's Counsel position held by a Major. This would do a few things. It would create a career path in disability law for Judge Advocates. It would spur a more robust level of subject matter experts in the JAG Corps. Second, (and I know this is being discussed, I hope it comes to pass) is there should be a permanent advisory unit made up of the best Soldiers' Counsel. In the criminal law arena, the government counsel have the Trial Counsel Assistance Program (TCAP) to advise and give assistance to prosecutors. A similar program for Soldiers' Counsel would elevate the level of representation. I also think it might be a good idea to have a DA Civilian attorney on this proposed program because that attorney would give the program some continuity (DA Civilians tend to stay in the jobs for many years, rather than cycling through assignments). Finally, I think there should be some formalized training for Soldiers' Counsel, hopefully taught at regularly scheduled courses at the Judge Advocate General's Legal Center and School.
Historically, the Soldiers' Counsel at the PEB were typically drawn from the Legal Assistance Office of the servicing Office of the Staff Judge Advocate. In my opinion, in the past there were many problems with the administration of providing legal advice. For example, at Fort Sam Houston, there are NO permanent paragraph and line number positions on the Table of Distribution and Allowances (TDA). That means the attorneys filling the job had to be "borrowed" from another position or else were mobilized reservists. Prior to the scandal at Walter Reed, few Judge Advocates even knew about the position. A Soldiers' Counsel position was not tracked as a great career move for a JA. As a result, the active duty attorneys typically cycled through the job in less than a year. Ironically, just as counsel became very proficient with the system, they were moved to another job. And then the cycle started over. Previously, there were 2-3 Soldiers' Counsel at the PEB. As recently as a year ago, legal counsel were handling 5-7 cases PER DAY. A great improvement in the past year was the decision by the Texas PEB President to only schedule a maximum of 7 cases per week per attorney and no more than two per day.
The high volume of cases had an obvious effect on the representation of Soldiers at the PEB. The main problem with the high volume of cases was that attorneys had relatively little time to work on a case. It meant that the attorneys did not have the time to contact a Soldier early on in the process and assist in gathering evidence and laying the ground work for a successful case. I also know that at the Texas PEB there were a lot more cases waived a year ago than now. The limitation in the last year of the number of cases per attorney allowed the Soldiers' Counsel to assist earlier in the process and also to help draft appeals.
So, what impact of the additional attorneys? Well, as of last month there were two attorneys at the Texas PEB. Now there are five. So, the workload per attorney will be cut more than in half. This should allow even earlier contact of Soldiers. Each attorney will have more time to devote to each case. All of this is a positive development.
The only downside I see is that the additional attorneys will have a longer time before they are truly proficient. The fact of the matter is that most of the training that Soldiers Counsel get is on the job training. So less volume of cases means more time until they have exposure to a variety of different cases. Another problem is the fact that they are now mobilized reservists. This means that they will likely serve the year long mobilization and then return to their civilian life. The result is that there is no reservoir of institutional knowledge or preservation of the skills learned over the mobilization.
I think it is great the JAG Corps is putting more attorneys at the PEB's. It is a step in the right direction. But there are a few more improvements I would like to see. First, I think it is important to create permanent positions instead of filling the slots by mobilizing reservists. (Not because they are reservists, but because of the significance of having a permanent slot. It has all sorts of implications, including for funding. Just so no one thinks I am beating up on reservists, I served ten years in the Guard before accessing into the JAG Corps as an active duty officer). One of the permanent positions should be a Chief, Soldier's Counsel position held by a Major. This would do a few things. It would create a career path in disability law for Judge Advocates. It would spur a more robust level of subject matter experts in the JAG Corps. Second, (and I know this is being discussed, I hope it comes to pass) is there should be a permanent advisory unit made up of the best Soldiers' Counsel. In the criminal law arena, the government counsel have the Trial Counsel Assistance Program (TCAP) to advise and give assistance to prosecutors. A similar program for Soldiers' Counsel would elevate the level of representation. I also think it might be a good idea to have a DA Civilian attorney on this proposed program because that attorney would give the program some continuity (DA Civilians tend to stay in the jobs for many years, rather than cycling through assignments). Finally, I think there should be some formalized training for Soldiers' Counsel, hopefully taught at regularly scheduled courses at the Judge Advocate General's Legal Center and School.