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MILTARY
LAW SECTION
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NATIONAL
BAR ASSOCIATION'S
Military Law Section Newsletter
|
May
2002
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VOLUME
1 ISSUE 1
|
Message
from the Chair
On
behalf of the MLS and my fellowservice members, thank you for
being a part of one of the most rewarding and challenging years
of our section and our nation.
Traditionally,
this is a time when we pause to reflect on the events and experiences
of the closing year. This has been a year that tested each of
us in profound and lasting ways. It has also given our family
(soldiers, airmen, sailors, and marines) an opportunity to renew
our faith and to strengthen the bonds of comradeship.
As
the tragic events of the fall unfolded, the acts of courage and
kindness that we witnessed revealed the depth and spirit of the
American character. I was a civilian during the Gulf War. I felt
great pride in our country during that campaign. Today, the sense
of honor and patriotism
I feel as a soldier far exceeds any emotion I experienced as a
civilian. Personally, I am grateful to have this unique opportunity
to serve as a soldier/lawyer and to contribute to America's freedom.
 |
| Captain William E. Brown, U.S. Army |
One
of the most important roles of the Military Law Section is to
help both military and civilian attorneys understand new developments
in military justice and how to tailor their practice to address
these new trends. The MLS newsletter serves as a forum to cover
these issues.
Topics
CLE
Seminars
The
MLS got off to a running start for the 2001-2002 bar year. First,
at the Annual Convention in Dallas, the MLS sponsored a CLE on
the Division of Retirement Benefits. This topic was of particular
importance to civilian family law attorneys who represent spouse
of military service members, because of the complexities surrounding
the procurement of a share of the service member's retirement
benefit on behalf of their client.
During
the Mid-Year Conference the MLS sponsored a CLE on how Military
Tribunals work. This forum was an unqualified success. A summary
of the Rules for Military Tribunals is included in this newsletter.
Future
CLEs
MLS
officers have already begun planning for the 2002 convention in
San Francisco where we will partner with the Women Lawyers Division
on a CLE seminar.
Topics
Anniversary
Celebration
MLS
has truly embraced President Michael Rosier's theme for the year
of "Partners in Progress, Together We Can Make a Difference" through
its celebration of the 25th Anniversary of the partnership of
the Judge Advocates of the United States military and the National
Bar Association. To commemorate this landmark occasion, the Military
Law Section (MLS) held a Hall of Fame Awards dinner to honor outstanding
Judge Advocates who have been the backbone of the MLS.
Topics
MLS
Golf Tournament
 |
| MLS Golf Tournament |
Third,
along with the Young Lawyers Division and the Entertainment, Sports
and Art Law Section, the MLS organized the MLS Golf Challenge
played at the Fort Meade golf course outside of Baltimore.
Along
with other members of the MLS leadership for this bar year, I
look forward to a productive and successful year. If you would
like to become involved with the section, please don't hesitate
to contact any of the MLS officers.
Topics
22nd
Annual Mid-Year Conference Highlights
The
MLS held an outstanding seminar, reception, Hall of Fame Awards
Dinner, and a golf tournament at this year's Annual Mid-Year Conference
in Baltimore, Maryland. The seminar held on Friday, April 12,2002
entitled "Trial of Foreign Nationals Accused of Terrorism: How
Military Commissions Work" was sponsored solely by the MLS.
Lieutenat
Hardy Vieux, U.S. Navy served as committee chair. Captain Kevin
Brown, U.S. Army, served as moderator. The panelist were Dwight
Sullivan, Managing Attorney, Baltimore Office, American Civil
Liberties Union of Maryland; Major Jim Agar, Litigation Attorney,
U.S. Army Litigation Division, Ballston, Virginia; and Major Timothy
McDonnell, Instructor, Criminal Law Division, U.S. Army Judge
Advocate General's School, Charlottesville, Virginia.
Topics
Rules
for Military Tribunals
- Commissions
will be comprised of three to seven members, with one or two
alternates. Members will be officers in the U.S. armed forces,
including reserve personnel, National Guard members and retired
personnel called back to active duty.
- Defendants
will be able to choose from a list of military or pre-approved
civilian attorneys.
- Verdicts
and sentences will not be final until they have been approved
by the president or secretary of defense, but findings of "not
guilty" cannot be changed.
- Those
convicted could receive sentences ranging up to life imprisonment
or death, as well as fines and restitution.
- A
conviction will require a vote of two-thirds of the commission.
- Defendants
can refuse to testify, and they will be able to enter into plea
agreement.
- At
the discretion of the presiding officer, trials may be closed
to the public to protect classified information, witnesses and
sources and methods used in gathering intelligence.
- During
commission proceedings, witnesses will testify under oath and
must submit to cross-examination. But some witnesses, who fear
for their safety, may testify by video-conference or in closed
session.
- While
the proceedings are open to journalists and the public at large,
no photos, video or audio recordings will be permitted.
Other
references:
(a)
DoD Military Commission Order No. 1 of March 21,2002
(b) United States Consitution, Article II, section 2
(c) Military Order of November 13,2001, "Detention, Treatment,
and Trial of Certain Non-Citizens in the War Against Terrorism,"
66 F.R. 57833 (Nov. 16,2001) ("President's Military Order")
(d) DoD 5200.2-R, "Personnel Security Program," current edition
(e) Executive Order 12958, "Classified National Security Information"
(April 17,1995, as amended, or any successor Executive Order)
(f) Section 603 of title 10, United States Code
(g) DoD Directive 5025.1, "DoD Directive System" current edition
Topics
ANNOUNCEMENTS
 |
| LTC(P) Tia Johnson |
Congratulations
to LTC(P) Tia Johnson, Chair International and Operational Law
Division, The Judge Advocate General's School U.S. Army on her
promotion to the rank of Colonel on April 29,2002. She becomes
the first African-American female in the U.S. Army JAG Corps to
be promoted to Colonel.
Congratulations
to the following Judge Advocates on their induction into the NBA
Military Law Section Hall of Fame on April 12,2002:
 |
| Judge Advocates |
MG
Kenneth Gray (Ret., USA), COL William Green (Ret., USA), Togo
West, former Secretary of the Army and Secretary of Veteran Affairs,
Captain Charlotte Wise USN, COL Howard P. Sweeney (Ret., USAF),
COL Will A. Gunn, USAF, LTC (P) Tia Johnson, USA, COL Susan McNeil
(Ret. USAF), COL Alvin Keller, USMC.
Topics
Profile
Judge
Greene is a co-founder of the NBA Military Law Section. He was
appointed by the President of the United States as an Associate
Judge of the U.S. Court of Appeals for Veterans Claims on November
7,1997. Prior to his nomination and appointment to the Court,
Judge Greene was a U.S. Immigration Judge in the Department of
Justice, presiding over immigration cases in Maryland and Pennsylvania.
He served in this position for June 13,1993, until November 22,1997.
 |
| Judge William P. Greene, Jr. (COL Ret.,USA)
|
Judge
Greene was born in Bluefield, West Virginia. He received his Bachelor
of Arts degree in Political Science from West Virginia State College
in 1965 and his Juris Doctor degree from Howard University in
1968. Following graduation from law school, he was commissioned
as an officer in the U.S. Army Judge Advocate General's Corps.
During his career as a Judge Advocate, he completed his military
education at Basic, Advanced, and Military Judge's courses at
The Judge Advocate General's School; the Army Command and General
Staff College; and the Army War College.
Before
becoming an Immigration Judge, Judge Greene held many important
positions in the U.S. Army. He served as the Chief Prosecutor
at Fort Knox, Kentucky, and the Chief Defense Counsel in the Army
Command in Hawaii. He was the Army's chief recruiter for lawyers
and the Department Chair of the Criminal Law Division at The Judge
Advocate General's School in Charlottesville, Virginia. He has
served in Germany as the Deputy Staff Judge Advocate of the 2nd
Infantry Division. Following his graduation form the U.S. Army
War College, he was selected to serve as the Staff Judge Advocate
of the U.S. Military Academy at West Point, New York, followed
by another selection as Staff Judge Advocate at Fort Leavenworth,
Kansas. It is from this last position that he was appointed by
the U.S. Attorney General to become an Immigration Judge.
During
his service he received several awards including three Legions
of Merit. On October 7,1997, the Secretary of the Army designated
Judge Greene as Honorary Colonel of the Judge Advocate General's
Corps Regiment. In October 2000, Judge Greene was recognized as
a Distinguished member of the Judge Advocate General's Corps Regiment.
Judge Greene is married to the former Madeline Sinkford, also
of Bluefield, West Virginia. They have two sons, William Robert,
a senior account executive for Dun and Bradstreet, and Jeffery,
an officer and physician in the U.S. Army Medical Corps.
Topics
2001-2002
MLS Leadership
Chair:
William E. Brown, CPT
Office of the Staff Judge Advocate
Fort Sill, Oklahoma 73503
Telephone: (580) 442-2703
brownw@sill.army.mil
Vice
Chair:
Hardy
Vieux, Lieutenant
Navy-Marine Corps Defense Division
716 Sicard St., SE, Ste. 100
Washington Navy Yard, DC 20374
vieuxh@jag.navy.mil
Treasurer:
James M. Durant III, Major,
USAF Deputy Staff Judge Advocate
Barksdale Air Force Base, Louisiana
(318) 456-5324
JamesD@BARKSDALE.AF.MIL
Secretary:
Anece Baxter-White Captain,
U.S. Army Group Judge Advocate 3d Military Police Group (CID)
4699 N. 1st Street
Fort Gillem, GA 30297
(404) 469-7495
Anece.BaxterWhite@forscom.army.mil
Done
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January 08, 2009
