EXECUTIVE SUMMARY

I would like to take the time to explain what services the Judge Advocates of the Arkansas National Guard provide and the type of issues that we see.  In the last five years, we have seen almost 10,000 Servicemembers come through our legal station on their way to various deployments.  We have provided some sort of legal service to each and every one of them. 

• I have enclosed a table regarding legal actions that Servicemembers of the 39th Brigade Combat Team have faced since their January 2008 mobilization. 

• The most common problem during a deployment is a creditor not understanding the law of the six percent interest rate cap on pre-mobilization debt under SCRA.

• The other issue that requires much time of the local judge advocates is domestic relations issues.     

• I appreciate this opportunity to submit testimony to the Committee on Veterans Affairs Subcommittee on Economic Opportunity.  The Judge Advocates would like to thank you for all the hard work and services that you provide all Servicemembers.

Chairwoman Herseth Sandlin and distinguished members of the Committee, I am Captain Thomas Lee, and I am testifying regarding my position as the Staff Judge Advocate of the Arkansas National Guard. Please understand that my testimony today reflects my personal views and what I have seen for the last five years as a Judge Advocate and does not necessarily reflect the views of the Army, the Department of Defense, or the Administration.  Thank you for the opportunity to personally appear before you and submit this written testimony relative to issues with legal support of our National Guardsmen. I would like to take the time to explain what services the Judge Advocates of the Arkansas National Guard provide and the type of issues that we see.  In the last five years, we have seen almost 10,000 Servicemembers come through our legal station on their way to various deployments.  We have spoken with each one.

As a Judge Advocate, I split our legal assistance services into three stages corresponding to the current status of the Servicemember.  We see different issues and provide varying service depending upon the stage of the Servicemember.  The first stage being the pre-mobilization phase when the Servicemember is preparing for deployment and legal issues that they think may arise or while they attempt to resolve current legal issues.  The second stage is the post-mobilization phase where the Servicemembers, their families, or legal representatives have arising legal issues, but are not in a position to resolve them.  The third stage is the demobilization phase where the Servicemember has returned and must resolve legal issues that arose from the deployment or were judicially stayed during the deployment. 

Phase I – Pre-mobilization

Before a Servicemember leaves Arkansas on a mobilization he must go through a Soldier Readiness Process (SRP).  Often a Servicemember goes through the SRP and later will process through a Soldier Readiness Certification (SRC) before leaving Arkansas.  SRPs and SRCs are basically the benchmark of the deployment process.  At each SRP and SRC, the Servicemember speaks with a Judge Advocate and is asked if he needs any legal assistance.  We have multiple stations where a Judge Advocate will draft the Servicemember a will or a power of attorney.  Generally, we try to talk the Servicemember out of a general power of attorney and instead draft a specific power of attorney for whatever purpose the Servicemember needs, or we ask that they wait until they need a power of attorney and we can prepare and email one to them at that time.

Also at the SRP, we ask whether the Servicemembers have any legal issues that will prevent them from deploying.  Then we provide them with a packet of information.  The packet includes letters that they can send to the creditors asking for their creditors to reduce their interest rate to six percent, letters for terminating a residential lease, an Internal Revenue Code power of attorney for tax purposes, and a sample letter to send to a court to stay a pending court proceeding and a guide on how to resolve fines and warrants. 

During this phase, our Judge Advocates will often talk directly to prosecuting attorneys and judges concerning our Servicemembers that have pending misdemeanor charges or traffic violations in our various courts.  Usually the prosecuting attorney and judges agree to re-arrange their docket so that Servicemembers may attend to these matters before they deploy.  The prosecutors and judges throughout Arkansas have been a tremendous help in the war effort.    

Phase II – Post-mobilization

At this time, there are roughly 4,000 members of the Arkansas National Guard on active military orders.  Between the two Judge Advocates of Arkansas National Guard Joint Forces Headquarters and the one Judge Advocate of the rear detachment 39th Brigade Combat Team Legal, we receive an average of 223 calls a month seeking legal assistance information.  The phone calls come from Servicemembers, their families, attorneys, and creditors.  We provide all groups as much information as we can on military legal issues.  Generally, the questions are related to the Servicemembers Civil Relief Act (SCRA).  I have enclosed a table regarding legal actions falling under SCRA that Servicemembers of the 39th Brigade Combat Team have faced since their January 2008 mobilization. 

Table 1-Legal actions involving the 39th BCT since mobilization

Our Servicemembers often run into financial problems when transitioning from their civilian pay status to a military pay status.  The rights from repossession of vehicles and eviction from homes are a key element in SCRA for our Servicemembers and their families.  While many of the issues arising from the pay transition are not per se legal issues, our Judge advocates are able to assist the Servicemembers in resolving the temporary financial hardship with their creditors. 

The most common problem during a deployment is a creditor not understanding the law of the six percent interest rate cap on pre-mobilization debt under SCRA.  Generally, this issue can be resolved between the Servicemember and the Judge Advocate once the creditor is aware of the law and the Judge Advocate determines whether the section of SCRA applies to the Servicemember's case.  Since the 39th Brigade Combat Team has deployed, almost a third of all legal assistance actions are regarding six percent interest rate issues.

Phase III - Demobilization

Once a Servicemember returns from deployment, he will go through the legal section at the mobilization center.  The Judge Advocate will ask Servicemembers if they have any legal assistance issues that need to be resolved.  Hopefully, the Servicemember will notify the Judge Advocate at that time if his aware there is a legal issue; however, the Servicemember often does not find out that they have legal issues until they return home.  If they do notify the Judge Advocate at the mobilization center of pending legal issues, the Judge Advocate will try to resolve them or they will notify us about the matter and we will help the Servicemember resolve the issue.  Having mobilized and deployed myself has allowed me to develop a good working relationship with the Judge Advocates at the various mobilization centers.

The most common legal issue when Servicemembers return home is that someone has obtained a default judgment against them as the court is often not aware that the Servicemember was deployed.  SCRA allows the Servicemember to file a motion with the court to set aside the default judgment.  Often, it is the Judge Advocate providing legal guidance to the Servicemember on how to get a default judgment set aside.

The other issue that requires much time of the local Judge Advocates is domestic relations.  Whether it is a Servicemember who lost custody of their children or the Servicemember wants to dissolve his marriage, the Judge Advocate will provide assistance.  Usually, the Judge Advocate works in coordination with the Army Chaplain and family assistance personnel, advising the Servicemember of various options.  It is unfortunate that many families are irreparably harmed by deployments, but it is a fact of being a Servicemember not only in the National Guard and Reserves but any other service component.  For those Servicemembers and their spouses who seek a divorce while deployed, Judge Advocates advise them of the legal hurdles and refer them to a civilian attorney in their community.  We do not go to court representing either party.

We are still looking for ways of improving how Servicemembers may reach our office.  This requires a team effort by the Arkansas National Guard as a whole.  Our family assistance coordinators pass out our phone numbers at military family gatherings.  Our public affairs department has a website so if a Servicemembers need assistance, they can contact their office and public affairs will route the issue to the Judge Advocate.   

I appreciate this opportunity to submit testimony to the Committee on Veterans Affairs Subcommittee on Economic Opportunity.  I would like to thank you for all the hard work and services that you provide all Servicemembers.  The Arkansas National Guard especially thanks you for the support that you provide us.  I look forward to answering any questions that you may have on August 18, 2008.