JAG: A Junior Leader’s Guide
Who are we?
As Army Judge Advocates or “JAs”, we are fully licensed attorneys – meaning we graduated from law school and are licensed to practice law. For most JAs, one of our jobs is to serve the needs of our client – the U.S. Army, which by extension means you as commanders and leaders of staff sections. However, you should know that there are JAs whose clients are not the Army. These JAs work in legal assistance and as defense attorneys for Trial Defense Services. In these two roles, the JA’s client is an actual person who needs assistance, and the JA will advise them directly to help ensure their interests are pursued. For the JAs whose client is the Army, the Army’s needs are dynamic and complex, requiring flexibility to address unique challenges and craft effective solutions. This article will provide you with an understanding of our different roles and how we can help you as a commander or as a member of a staff section.
As a new commander or junior officer, it is important to understand the nuances between the different JAs. This article will help you direct your questions or issues to the right JA. The three types of JAs that you should know at this juncture in your career are the following: Brigade Judge Advocate (BJA), Trial Counsel (TC), and Special Trial Counsel (STC) with the Office of Special Trial Counsel (OSTC).
What is our role?
At the most basic level, we are special staff. A common maxim repeated ad nauseam from JAGs to commanders is that JAs advise, commanders (you) decide. For Army JAs, our client is the U.S. Army, and we help the client through the rendering of independent legal advice to all command echelons. As JAs, our role is multifold, as we serve as representatives of clients, officers of the legal system, and officers of the Federal Government. What does this mean? As an advisor, JAs are to provide their client- either commanders, staff sections, or soldiers- with an informed understanding of the client’s regulations and law pertaining to the specific issue. JAs will show you the left and right limits and provide timely advice. However, the Commander’s responsibility for decision-making cannot be delegated.
The Brigade Judge Advocate (BJA)
Every brigade in the Army has a BJA, and they generally serve in or near the brigade headquarters. The BJA serves as your brigade’s general counsel, and they are responsible for the legal advice given to the brigade. Normally, this means advising the brigade commander, but it also includes providing advice to other commanders and staff sections. This means you may receive BJA advice as a platoon leader, executive officer, company commander, or as a newly appointed assistant S3.
The BJA is your brigade’s legal Swiss Army knife. Your BJA is responsible for advising on 15-6 investigations, FLIPLs, SFRG inquiries, ethics questions, and more. If you, as a commander or part of staff, have a complicated legal question and are unsure how to proceed, I recommend coming to talk to the BJA. If the BJA doesn’t know the answer, they will help direct you to the staff section that can help. Just know that if you need something “staffed,” the BJA is usually the last to look at things, ensuring that all other staff sections with equities involved have done their due diligence before rendering legal advice to the commander.
Lastly, the BJA’s advice will be rooted in the law and the Army’s regulations. BJAs can also provide past examples of how they have seen certain decisions play out to give you context in your decision-making process.
The Trial Counsel (TC)
Almost every brigade also has its own TC, who specializes in the world of military justice or serves as a JA that command can call to render advice on military justice matters. The TC is your unit’s prosecutor. Depending on the installation, the TC may be in a consolidated legal office separate from the brigade or co-located with the BJA and the rest of the brigade’s legal team. Like the BJA, TCs have direct access to leadership so they can advise on how to appropriately resolve violations of the Uniform Code of Military Justice (UCMJ) from the brigade level down to the company level.
The TC or paralegals should be one of your calls if you learn that one of your soldiers is involved in misconduct. TCs can help connect you to law enforcement or give advice when requested. The TC works with your installation’s Department of the Army Criminal Investigation Division office (DACID) and Army Military Police Investigations section (MPI), and oversees the progress of their investigations. Generally, the TC or their paralegal will give you timely updates on MPI’s and DACID’s respective investigations into your soldiers at legal meetings at your unit. TCs and paralegals can also provide updates on specific cases upon request. The TC will advise you on your options and provide recommendations for handling the misconduct when the investigations are complete. As the commander, you have a lot of choices to choose from, including a court-martial, an administrative separation board, or an Article 15. The TC and their paralegal(s) will help guide you on whatever route you choose, whether it’s these or others available to you.
It is critical that you engage often with your TC, as your battalion and brigade commander will be tracking your soldier’s misconduct. TCs regularly provide timely updates to your higher command. TCs can help mitigate risk and prevent additional misconduct – but only if you proactively work with them. Remember, TCs are here to help ensure you can properly maintain good order and discipline within your formation.
The Office of Special Trial Counsel (OSTC)
Congress created OSTC to serve as an independent office within each branch of the military to handle a subset of specific crimes under the UCMJ. These specific crimes are called “covered offenses,” and some of these crimes include things like rape, sexual assault, and domestic violence. Each installation in the Army has either a Special Trial Counsel (STC) present or is covered by a regional office, which will assist in overseeing any investigation or court-martial involving a covered offense. Your BJA or TC can provide you with a list of active covered offenses. If you have any misconduct that could be considered one of these UCMJ offenses, immediately notify your legal team, who will notify OSTC. OSTC will exercise jurisdiction and take control of the investigation with DACID and MPI, and your TC will begin working on the case alongside OSTC.
OSTC is intentionally independent from all brigades. When OSTC exercises authority over the covered offense, your brigade generally cannot act on it until OSTC makes the official decision not to pursue a court-martial. Just know that OSTC can decide not to pursue a court-martial for many reasons, as each case is different and must be evaluated independently by the STC and TC. There is no specific timeline for when this decision will occur because it typically occurs after CID or MPI completes their investigation, which can take weeks or months. This can be frustrating for a commander, since the soldier(s) involved will remain within your formation until a decision is made. The STCs are responsible for referring the misconduct to court-martial, and your TC will assist in those proceedings. Your TC will handle everything on the unit side and work with you to ensure all requirements are met.
Your TC should update you as these investigations progress or decisions are made, but you also have the responsibility to ask for updates. As the Commander, you should ensure you are actively apprised of each investigation’s status for your soldier(s) sake and the potential victims involved.
Parting Thoughts
As JAs, we understand that being in command is both daunting and stressful, and that navigating the Army’s legal and regulatory system is not easy. It is my hope that after you have read this article, you will be a little more familiar with which JA is best designed to answer your questions. Remember, this is a team effort, and you are not alone in command when faced with making difficult choices.
Author Bio: CPT Gage Dabin is a trial counsel with I Corps at Joint Base Lewis McChord, Washington. Prior to serving as a trial counsel, CPT Dabin served in a variety of roles at United States Army Garrison (USAG) Humphreys, South Korea to include: Chief, Legal Assistance – 8th Army, and as the Command Judge Advocate for USAG Humphreys. CPT Dabin received his J.D. from Antonin Scalia Law School – George Mason University in Arlington, Viriginia and received his undergraduate degrees from Centenary College of Louisiana in Shreveport, Louisiana. Outside of work, CPT Dabin enjoys traveling to new countries, Olympic weightlifting, and cheering on LSU football whenever he can. He also writes about international humanitarian law through the medium of anime: https://thelegalgeeks.com/author/gagedabin/.
Photo: https://www.jagcnet.army.mil/GoArmyJAG/PracticeAreas
