Friday, April 20, 2012

HUD-VA Supportive Housing (HUD-VASH) Resource Guide for Permanent Housing and Clinical Care

The Departments of Housing and Urban Development (HUD) and Veterans Affairs (VA) have released “The HUD-VA Supportive Housing (HUD-VASH) Resource Guide for Permanent Housing and Clinical Care.”

HUD-VASH Program goals are to place homeless veterans in housing that is safe, stable, affordable, and permanent. HUD provides housing vouchers while VA provides long-term case management.

The guide provides case managers, social workers, treatment specialists, program managers, and other clinicians who work with homeless veterans through the HUD-VASH Program with a comprehensive set of resources. to more effectively address the multifaceted and complex housing, clinical, medical and psychosocial needs of homeless veterans and their families.
Get the Guide here:
Learn More:

Thursday, April 19, 2012

Veterans Crisis Line Website

The Veterans Crisis Line connects Veterans in crisis and their families and friends with qualified, caring Department of Veterans Affairs responders through a confidential toll-free hotline, online chat, or text.
Veterans and their loved ones can call 1-800-273-8255 and Press 1, chat online, or send a text message to 838255 to receive confidential support 24 hours a day, 7 days a week, 365 days a year.
More about the Veterans Crisis Line.

Tuesday, April 17, 2012

2012 Court Martial Manual Released

The 2012 edition of the Manual for Courts-Martial is available at:
http://www.apd.army.mil/pdffiles/mcm.pdf

According to the PREFACE:
The Manual for Courts-Martial (MCM), United States (2012 Edition) updates the MCM (2008 Edition).

It is a complete reprinting and incorporates the MCM (2008 Edition), including all amendments to the Rules for Courts-Martial, Military Rules of Evidence (Mil. R. Evid.), and Punitive Articles made by the President in Executive Orders (EO) from 1984 to present, and specifically including EO 13468 (24 July 2008); EO 13552 (31 August 2010); and EO 13593 (13 December 2011). See Appendix 25. This edition also contains amendments to the Uniform Code of Military Justice (UCMJ) made by the National Defense Authorization Acts for Fiscal Years 2009 through 2012. Some of the significant changes are summarized and listed below.

This summary is for quick reference only and should not be relied upon or cited by practitioners in lieu of the actual provisions of the MCM that have been amended.

The MCM (2012 Edition) includes unique changes warranting attention.

Discussion has been added or amended to address changes in practice resulting from United States v. Campbell, 71 M.J. 19 (C.A.A.F. 2012); United States v. Fosler, 70 M.J. 225 (C.A.A.F. 2011); and United
States v. Jones, 68 M.J. 465 (C.A.A.F. 2010). See R.C.M. 307(c)(3); R.C.M. 307(c)(4); R.C.M. 906(b)(12); R.C.M. 907(b)(3)(B); R.C.M. 910(a)(1); R.C.M. 918(a)(1); R.C.M. 1003(c)(1)(C); and in Part IV of this Manual, paragraph 3b, paragraph 60c(6)(a), and the discussion at page IV-1. The Discussion added in 2012 was a short-term solution intended to address recent, broad changes in the law. Although it may describe legal
requirements derived from other sources, the Discussion does not have the force of law. It is in the nature
of a treatise, and may be used as secondary authority. The Discussion will be revised from time to time as
warranted by changes in applicable law. See Composition of the Manual for Courts-Martial in Appendix 21 of this Manual.

Practitioners are advised that the Mil. R. Evid. will be amended after the publication of this Manual and will take effect only after the President signs the relevant EO. Once approved, the revised Mil. R. Evid. will exist outside of this Manual until its next complete reprinting.

Practitioners are also advised that Article 120 has been amended by the National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, 31 December 2011. The amended
version of Article 120 creates three separate sexual offense statutes: Article 120 for adult
offenses; Article 120b for child offenses; and Article 120c for other sexual offenses. Article 120a remains unchanged.
As of 2012, there are now three versions of Article 120, and each version is located in a different part of
this Manual. For offenses committed prior to 1 October 2007, the relevant sexual offense provisions are
contained in Appendix 27. For offenses committed during the period 1 October 2007 through 27 June 2012, the relevant sexual offense provisions are contained in Appendix 28. For offenses committed on or after 28 June 2012, the relevant sexual offense provisions are contained in Part IV of this Manual (Articles 120, 120b, and 120c).

Rules for Courts-Martial (R.C.M.) in Part II of the MCM:


  • R.C.M. 103(20) was added to define the word "writing."
  • R.C.M. 405(h)(3) was amended to move what was formerly in the Discussion into the Rule itself by requiring detailed analysis and findings of fact to support closure of the hearing.
  • R.C.M. 1003(b)(3) was amended to address fines related to persons tried pursuant to Article 2(a)(10), U.C.M.J.
  • R.C.M. 1003(c)(4) was added to address punishment limits, other than fines, for persons tried pursuant to Article 2(a)(10), U.C.M.J. Former subparagraph (c)(4) was renumbered as (c)(5).
  • R.C.M. 1103(b)(2)(B) was amended to remove the word "written" after the word "verbatim."
  • R.C.M. 1103(e) was amended to add the words "termination after findings" to the title, but the actual text of the Rule was not changed.
  • R.C.M. 1103(g)(1)(A) was amended to delete the "default" requirement to prepare four copies of the record of trial and the requirement to prepare an original and one copy in all other general and special courts-martial.
  • R.C.M. 1103(j)(2) was amended to clarify that the words "in writing" apply to both the transcript and the summary, and to refer the reader to R.C.M. 103 for the definition of "writing."
  • R.C.M. 1104(a)(1) was amended to provide instruction on authentication of an electronic record of trial.
  • R.C.M. 1106 was amended in 2008 to change the contents required in subparagraph (d)(3); however, because of the words implementing the change in 2008, it was unclear whether subparagraphs (d)(4)-(6) were intended to be deleted or to remain. Therefore, in 2010, subparagraph (d) was amended again to make clear that it should contain six subparts: (d)(1)-(6).
  • R.C.M. 1111(a)(1) was amended to provide for the forwarding of an electronic copy of the record of trial.
  • R.C.M. 1113(d) was moved to subparagraph (e), and a new subparagraph (d) was added to address selfexecuting punishments.
  • R.C.M. 1113(d)(2)(A)(iii) was amended to correct the reference to Article 57a(b)(1) rather than the incorrect Article 57(e).
  • R.C.M. 1113(d)(2)(C) was amended to include persons tried pursuant to Article 2(a)(10).
  • R.C.M. 1114 was amended by adding a new subsection (a)(4) to address self-executing final orders.
  • R.C.M. 1305(b) was amended to delete the requirement to prepare an original and at least two copies of the record of trial and prepare instead a "written" record.
  • R.C.M. 1305(c) was amended to allow the summary court-martial to sign any record of trial, not necessarily the original record, and to permit electronic signature.
  • R.C.M. 1305(d)(1)(A) was amended to permit service of an electronic record of trial on the accused.
  • R.C.M. 1306(b)(3) was amended to permit electronic signature by the convening authority.  Military Rules of Evidence (Mil. R. Evid.) in Part III of the MCM:
  • Mil. R. Evid. 504(c)(2)(D) was amended to address an exception where both parties have been substantial participants in illegal activities.
  • Mil. R. Evid. 513(d)(2) was amended to remove the spouse abuse exception so that the privilege applies consistently in Mil. R. Evid. 513 and 514.
  • Mil. R. Evid. 514 was added to create a new victim advocate-victim privilege.
  • Mil. R. Evid. 609(a) was amended to conform to the Federal Rules of Evidence by substituting the words "character for truthfulness" for the word "credibility."
  • Mil. R. Evid. 609(a)(2) was amended to conform to the Federal Rules of Evidence stylistic revision.
  • Mil. R. Evid. 609(c) was amended to conform to the Federal Rules of Evidence stylistic revision.
Punitive articles contained in Part IV of the MCM:
  • Paragraph 13, Article 89, was amended to substitute the words "uniformed service" for the words "armed force" and "armed forces."
  • Paragraph 14c(2)(g), Article 90, was amended to require immediate compliance of an order that does not explicitly or implicitly indicate that delayed compliance is authorized or directed.
  • Paragraph 32c(1), Article 108, was amended to better define "military property" and better distinguish it from "government property."
  • Paragraph 35f, Article 111, was amended to modify the sample specification to be used in chemical analysis cases.
  • Paragraph 43a, Article 118, was amended to reflect modified terminology of sexual assault offenses from Article 120 and Article 120b.
  • Paragraph 44b, Article 119, was amended to add the optional element for a child victim.
  • Paragraph 44b(2)(d), Article 119, was amended to list the 2007 version of Article 120 sexual assault offenses; however, the 2008 MCM contained the same language already.
  • Paragraphs 44c(1)(c) and 44c(2)(c), Article 119, were added to explain the additional element and increased punishment for child victims.
  • Paragraph 44e(3) and 44e(4), Article 119, were added to prescribe maximum punishments for child victim cases.
  • Paragraph 44f, Article 119, was amended to account for child victim cases.
  • Paragraph 45 was completely amended in accordance with National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, 31 December 2011.
  • Paragraphs 45.b and 45.c are new statutes added in accordance with National Defense Authorization Act for Fiscal Year 2012, Public Law 112-81, 31 December 2011.
  • Paragraph 46b(1)(d), Article 121, was amended to change the reference contained within the note from "paragraph 32c(1)" to "paragraph 46.c.(1)(h)."
  • Paragraph 48c(4) was amended to add the word "to" after the word "liability" in the fifth sentence.
  • Paragraph 46c(1)(h), Article 121, was added to define and explain "military property." Former subparagraph c.(1)(h) was moved to subparagraph c.(1)(i).
  • Paragraph 48c(4), Article 123, Forgery, was amended to add the word "to" after the word "liability" the second time it appears in the fifth sentence.
  • Paragraph 68b, Article 134, is a new offense added to proscribe child pornography.
Other UCMJ Articles contained in Appendix 2 of the MCM:
  • Article 1 was amended to delete the term "law specialist" and to amend the definitions of Coast Guard Judge Advocate and TJAG.
  • Article 47 was amended to provide a remedy for failure to comply with a subpoena duces tecum for an Article 32 investigation.
  • Article 48 was amended to broaden and expressly provide contempt power to a military judge.
  • Article 54 was amended to state that a copy of all records of proceedings shall be given to a sexual assault victim if the victim testified at the court-martial.
  • Article 120 was significantly restructured and broken into three new statutes: Article 120 for adult sex offenses; Article 120b for child sex offenses; and Article 120c for other sexual misconduct. These changes take effect on 28 June 2012. The 2012 MCM will contain all three versions of Article 120. For offenses committed prior to 1 October 2007, see Appendix 27. For offenses committed during the period 1 October 2007 through 27 June 2012, see Appendix 28. For offenses committed on or after 28 June 2012, see Part IV of this Manual.
  • Article 136 was amended to allow judges sitting on the Court of Appeals for the Armed Forces to administer oaths.
More:
http://www.apd.army.mil/pdffiles/mcm.pdf

Monday, April 16, 2012

The Million Veteran Program from the VA

The VA has announced a "Million Veteran Program (MVP)", a national, voluntary research program conducted by the Department of Veterans Affairs Office of Research & Development:
"The goal of MVP is to partner with Veterans receiving their care in the VA Healthcare System to study how genes affect health. To do this, MVP will build the world's largest medical database by safely collecting blood samples and health information from one million Veteran volunteers. Data collected from MVP will be stored anonymously for research on diseases like diabetes and cancer, and military-related illnesses, such as post-traumatic stress disorder."
Learn More:
http://www.research.va.gov/mvp/

Sunday, April 8, 2012

April 27/Texas City, TX: Free CLE for Texas Lawyers Serving Veterans

Lone Star Legal Aid is conducting a FREE Continuing Legal Education event to recruit and train private attorneys to help us serve more low-income veterans with legal problems.
Title:
A Free CLE for Texas Attorneys Serving Texas Veterans

Where/When:
Friday April 27, 2012
10:00 - 4:00 P.M
College of the Mainland
1200 Amburn Road Texas City, Texas 77591
To RSVP Contact: Rebekah D. Mason at rmason@lonestarlegal.org
LUNCH PROVIDED to Attendees Who RSVP by 4/20/2012Credit:

5 Hours CLE Credit with State Bar of Texas
Cost:

This CLE Training is Free to Attorneys Who Agree to Accept One Pro Bono Civil Case for a Veteran or Active Duty Service Member from Lone Star Legal Aid!

Sponsored By:

  • College of the Mainland and
  • Lone Star Legal Aid’s Lone Star Lawyers for Lone Star Veterans Project.
Speakers:

  • Abel Guevara, Regional Supervisor, Texas Veterans Commission
  • Frank Furleigh, Galveston County Veteran Service Officer
  • Lone Star Legal Aid Attorneys:
    • Christina Gindratt
    • Elizabeth Lockett
    • Rebekah D. Mason
    • Thai Nguyen.
More Information And Flyer

Monday, April 2, 2012

Apr 13/St. Paul + Webcast: Ready and Willing: Welcoming Returning #Veterans Back into the Workforce #MCLE

During this CLE, we will discuss USERRA, DoD programs to support veterans returning to the workforce, veteran preference laws in Minnesota, state programs to aid veterans in finding work, and legislative initiatives to aid veterans in the workforce.
Title:
Ready and Willing: Welcoming Returning Veterans Back into the Workforce
When/Where: 
1 p.m. to 4 p.m. Local
April 13, 2012
East Hall, Room 106
Hamline University
1536 Hewitt Avenue, Saint Paul, MN 55104-1284
Also available as webcast!
Cost: 
$25 for those seeking CLE credit; free for everyone else
Credits: 
3 standard CLE credits will be applied for.
Note: 
Guests can choose to attend in person or via live webcast.
Contact: 
For more information, contact Anne Markus at 651-523-2943
Registration: 
Hamline Law Veterans Association CLE Registration Form
More:
http://law.hamline.edu/alumni/continuing_ed.html