Tuesday, April 15, 2008

Appellate shops take to "'civilianization' of the United States military justice system like ducks to water." United States v. Jones, 7 M.J. 806, 808.

(Sorry, the rest of the cite wouldn't fit in the title. It should include (N.C.M.R. 1979).)

In January, CAAF ruled that it was permissible for a government-employed civilian counsel to represent an appellant as long as the appellant was also represented by a judge advocate qualified under Article 27(b). United States v. Roach, __ M.J. ___, No. 07-0870/AF, 2008 CAAF LEXIS 118 (C.A.A.F. Jan. 28, 2008).

Since that ruling, the Air Force has advertised positions for civilian counsel at both its appellate government and appellate defense divisions.

Now the Department of the Navy is following the Air Force's lead. Today, advertisements went up for civilian positions at both Code 45 and Code 46.

Unfortunately someone has edited the Code 46 job announcement, because it originally contained a hilarious typo. Here is a sentence from the original announcement:

"Incumbent is responsible for persecuting the appeal of extremely complex cases with potential long-term or signification impact on the Government's interest, and cases where the death penalty has been adjudged against an appellant."

I regret to report that "persecuting" has now been replaced by "prosecuting." At least that Dr. Seuss-sounding word "signification" (misused as an adjective) is still there. And the announcement still refers to working "with trail counsel to preserve issues for appeal" and supporting "the Governments' interests." Editing isn't one of the job duties.

Is the Army considering moving in the same direction?

1 comment:

Jason Grover said...

A chance to get back on government pay rolls. I understand the pay is significantly better than when you were on the Somers.