Air Force Lt. Col. Garth Terry (left), explains the legal ramifications of extorting money during
combat advisor training on FortPolk.
JAG provides essential service, advice
By ZACH MORGAN
Guardian staff writer
FORT POLK, La. - Col. Keith Well holds a key position (and one of the
most complex) on Fort Polk. Well is the Staff Judge Advocate and
oversees legal operations on post as a member of the commanding
general's special staff. The SJA office is composed of members of the
Judge Advocate General Corps and is often referred to as "JAG."
The SJA has multiple branches which each deal with several areas of law.
* Administrative and civil law: This branch assists the commanding
general with the establishment and adjustment of local regulations and
policies. They also deal with contract issues, fiscal law and
discipline.
* Claims: The claims branch is most familiar to Soldiers as the office
that resolves problems with household goods after a move. They also deal
with medical claims where the government is not at fault - money which
is recovered from these cases is funneled back into the hospital to help
provide better care for Soldiers and dependants. The claims branch also
defends the Army against claims.
* Legal assistance: This branch is the only one that can develop an
attorney/client relationship with a Soldier (all of the others are
working for the Army). If a Soldier gets in trouble off post, they may
be able to get advice from legal assistance. This branch also deals with
domestic and family law, including wills and bad car deals. Personnel
from legal assistance operate the tax center each year, which provides
free tax preparation for anyone with a valid military I.D.
* Military justice: "This is unfortunately one of the busier branches,"
said Well. The military justice branch provides a trial counsel per
brigade and a paralegal per battalion on post, and deals with Article 15
proceedings, disciplinary chapters, general officer letters of reprimand
and courts marshal.
* Trial defense service: This section has two attorneys who work at the
local courthouse and don't answer to any commanders on post. The Army is
their client. They represent Soldiers charged with military criminal
offenses; represent Soldiers during criminal investigations and before
elimination or grade reduction boards; and counsel Soldiers regarding
pretrial restraint, non-judicial punishment, and various adverse
administrative actions taken pursuant to military regulations.
The Fort Polk case load is average when compared to the rest of the
Army. "The cases here are pretty standard," said Well.
"There is a council of JAG colonels for the Southeast Region that gets
together once a quarter, and our posts are pretty much all the same."
Well said there are just fewer than 50 courts marshal per year.
The JAG corps has a proud tradition in the Army, dating back to the
American Revolution, and professional qualifications are not taken
lightly. "We're all licensed attorneys with a four-year undergraduate
degree and a three-year law school," said Well. "We're licensed to
practice in at least one state, and field grade JAGs have a masters in
law."
Fort Polk is different than most Army posts because it also has three
JAG officers serving as trainer/mentors for JAG officers in rotational
units at the Joint Readiness Training Center, and six personnel at the
162nd Infantry Brigade training combat advisors in the legal issues that
arise during deployments. The training mission helps Fort Polk's SJA
team become more robust. "We've been able to send some of our first-term
captains downrange, and then they have an opportunity to teach when they
come back," Well said. "Most installations can't do that."
During a the capstone exercise for Combat Advisor Class 87, the JAG
section for the 162nd added a legal element to one of the scenarios.
Capt. Jason Wells, chief of operational law for the 162nd, said the
scenario was intended to help the team incorporate legal knowledge into
the final exercise. "We don't expect them to advise their Afghan or
Iraqi counterparts on legal issues, but we want them to be familiar with
what's going on," Wells said. "We try to tie what we're teaching into
their advisory skills." The 162nd's JAG element teaches a six-hour block
on legal issues to each combat advisor team. "We teach about detention
operations, the law of war and rules of engagement," said Wells. "We
plan to incorporate seminar-type practical exercises with discussion
questions in the future. We want to facilitate and talk through
real-world issues."
Wells, who served as chief of the criminal law division at Fort Polk's
SJA office until June, said a unit's JAG officer is usually friendly and
ready to help the commander with legal questions. In his current
position, his main job is to train combat advisors.
"I get calls about military justice and administrative law fairly often.
I answer some of them because it's convenient and I know the answer, but
our brigade trial counsel is supposed to cover that." A common plight
for company commanders is that "10 percent of the Soldiers take up 90
percent of their time." Wells said the JAG officer is a key tool in
alleviating that stress.
"A lot of commanders say 'sorry to bother you' when they call," he said.
"They aren't bothering me. That 10 percent is our job - that's why we're
here."
Listen with Sandy Blackwell
