Saturday, June 6, 2009

June 11/Seattle CLE: Interstate Compact on Educating Military Children

This training event is free to members of the Washington State Bar Association Section on Legal Assistance to Military Personnel (LAMP), which you can join easily before registering. It is part of the Section's periodic meeting and therefore aimed primarily at lawyers; however, if you are not an lawyer (and therefore not interested in CLE) but may be interested in the topic, contact the event host at dsmith@benbridge.com

Event Title:
The Interstate Compact on Educational Opportunities for Military Children

Time/Place:
Thursday, June 11th , 2009
11:30 a.m. ~ 1:00 p.m.
Ben Bridge Corporate Office
2901 3rd Avenue, 2nd Floor
Seattle, WA

1 CLE Credit applied for

Registration:
https://pro.wsba.org/forms/cle/Z90611.asp

Additional:
Please also return e-mail dsmith@benbridge.com if you plan to attend. You may elect to bring your own lunch, or a lunch will be provided for $10 by **advance order** no later than Monday, 6/8/09. E-mail dsmith@benbridge.com if you have any questions!

Tuesday, June 2, 2009

Iowa Legal Assistance to Military Personnel (LAMP)

The legal community in Iowa provides Legal Assistance to Military Personnel in a variety of ways. If you know of ways that aren't listed here, please add a comment below!

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". While that database currently lists nothing for the state of Iowa. there are a few that are somewhat nearby.

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.

Private Practice Attorneys

Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with. The Findlaw website has a city-by-city list of lawyers in Iowa who are interested in representing active-duty military personnel, military reservists, and veterans.

ISBA also has an inexpensive Find-A-Lawyer referral service

For Lawyers

The Iowa State Bar Association has a Volunteer Law Project that hosts a Pro Bono Assistance for Activated Military Personnel; to learn more and/or volunteer for service, click here.

ISBA has a Committee on Military Affairs with the purpose:
"This committee is to provide communication and understanding of military-civilian issues and relevant laws affecting military service members, veterans, and the general public which affect the practice of law in Iowa; to participate in continuing legal education seminars and provide a forum where members can share research, source materials and experiences; to sponsor military affairs programs and projects of special interest and relevance to the members of the committee, The Iowa State Bar Association , the military community, and the general public.
The committee shall be concerned with the means and methods by which members of the association provide legal aid to military service members in the National Guard, Reserves, and military members on Active Duty and shall coordinate with other pro-bono groups when possible in providing support to military service members. "
Interested attorneys should Contact the Committee.

It is likely that there are other Iowa programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

See also

Thursday, May 28, 2009

Delaware Legal Assistance to Military Personnel (LAMP)

The legal community in Delaware provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community


Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". While checking Delaware shows no such offices, there are several in Maryland, Southeastern Pennsylvania and Southern New Jersey.

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.

Private Practice Attorneys

Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with. The Findlaw website has a city-by-city list of lawyers in Delaware who are interested in representing active-duty military personnel, military reservists, and veterans here.

For Lawyers

The Delaware State Bar Association does not seem to have a committee nor section directed at service to our servicemembers, veterans or their families. Forming one might be a leadership opportunity! Meanwhile, DSBA does host some volunteer programs you may wish to join.

It is likely that there are other Delaware programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

See also

Monday, May 25, 2009

The Blue Star/Gold Star Flag Act of 2009 (H.R. 2546)

The purpose of the The Blue Star/Gold Star Flag Act of 2009 (H.R. 2546) is "To ensure that the right of an individual to display the Service flag on residential property not be abridged."
For those who are new to the terms, the Blue Star Service Flag was created to display on the house of families who have a member serving in our Armed forces. If the service member died, it became customary to replace the Blue Star with a Gold Star. It is an indoor flag, displayed to be visible outside. Currently, rules such as condominium rules may prohibit the reasonable display of Blue Star/Gold Star indicia, e.g. a service flag.

On May 21, the bill was introduced by Congressman (and Iraq veteran) John A. Boccieri (OH-16)  and as of today (Memorial Day) it has no co-sponsors (which may not be unusual since it's been only 4 days).In my opinion, this appears to be a relatively minor, yet helpful, change to the law, that might slightly inconvenience some people (e.g. the neighbors of Blue Star/Gold Star families) but would provide a not-insignificant benefit to the families of servicemembers. I hope you will consider contacting your congresscritters concerning prompt action.

Thursday, May 21, 2009

Florida Legal Assistance to Military Personnel (LAMP)

The legal community in Florida provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". Here is the list for the state of Florida.

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.
  • FloridaLawHelp.org is a good, general-purpose place to start looking for law help in Florida

Private Practice Attorneys

Often, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount; there are no guarantees however. The Findlaw website has a city-by-city list of lawyers in Florida who are interested in representing active-duty military personnel, military reservists, and veterans here.

The Florida Bar Association has a Lawyer Referral Service and a list of similar services run by local bar associations; each has slightly different referral rules and some may charge a fee.

For Lawyers

The Florida Bar Association has a Standing Committee on Military Affairs
"The scope and function of the Military Affairs Committee is twofold: first, to gather and disseminate information, share expertise and advise the members of the Bar on all matters relating to the practice of military law in Florida, and second, to have general jurisdiction regarding any problem which may arise relative to the provision of legal services to, for, or by members of the military establishment. Its function shall be to address issues unique to representation of military members and their families in both civil and criminal matters arising within the State of Florida. Further, the committee will consider all possible means of enhancing or increasing the cooperation and communication between the local bar, the legal offices, and the judge advocates of the various military installations within the state.

Florida Bar members who have ever served in the U.S. military are asked to complete a short online questionnaire. Information collected will be used by the Military Affairs Committee to recognize service and tap expertise in program development for lawyers in active service as well as veterans."
It also invites attorneys interested in volunteering for a pro bono project or pro bono service to visit FloridaProBono.org

It is likely that there are other Florida programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

See also

Wednesday, May 20, 2009

Agent Orange Equity Act of 2009 (HR 2254, 111th Congress)

What's the Problem?

For you younger kids, Agent Orange was a poison we sprayed on Vietnam to make it harder for the enemy to hide in the jungle.

Problem is, the poison got on our guys too and causes all sorts of problems. Since they were essentially wounded in service, the surviving veterans deserve care for their wounds.

Problem is, some of the wounded were "Blue Water Navy". Those supply ships carrying the poison wouldn't necessarily touch shore, just pull up and dump stuff off. The sailors who didn't set foot in Vietnam got exposed all the same in the normal course of handling the poison.

Problem is, when the Blue Water Vets try to get help for their injuries, the Courts ruled in Haas vs. Peake that they are Shucks-Out-Of-Luck. The reasoning is crazy .... the Court says it's just TOO HARD to figure out whether a ship came close to Vietnam; the Court never having heard of a ship's log.

What's the Solution?

The Agent Orange Equity Act of 2009 is to fix this maddening injustice. If you have a yellow ribbon on your SUV, you'd better call your congresscritter to support this thing ... before the Blue Water vets are all dead and you can just wax sentimental.

According to the House Committee on Veterans Affairs:
Congress Must Act to Restore Earned Benefits to All Vietnam Veterans – Including “Blue Water” Vets!
May 8, 2009

Washington, D.C. – House Veterans’ Affairs Committee Chairman Bob Filner (D-CA) announced the introduction of H.R. 2254, a bill to restore equity to all Vietnam veterans that were exposed to Agent Orange.

“We owe it to our veterans to fulfill the promises made to them as a result of their service,” said Chairman Filner (D-CA). “If, as a result of service, a veteran was exposed to Agent Orange and it has resulted in failing health, this country has a moral obligation to care for each veteran the way we promised we would. And as a country at war, we must prove that we will be there for all of our veterans, no matter when they serve. The courts have turned their backs on our veterans, but I believe this Congress will not allow our veterans to be cheated of their earned benefits.”

H.R. 2254 would clarify the laws related to VA benefits provided to Vietnam War veterans suffering from the ravages of Agent Orange exposure. In order to try to gain a better military vantage point, Agent Orange, which we now know is a highly toxic cocktail of herbicide agents, was widely sprayed for defoliation and crop destruction purposes all over the Vietnam War Battlefield, as well as on borders and other areas of neighboring nations. It was also stored on U.S. vessels and used for vegetation clearing purposes around U.S. bases, landing zones and lines of communication.

Currently, VA requires Vietnam veterans to prove a “foot on land” occurrence in order to qualify for the presumptions of service-connection for herbicide-exposure related illnesses afforded under current law. This issue has been the subject of much litigation and on May 8, 2008, the Federal Circuit Court of Appeals upheld VA’s overly narrow interpretation and the Supreme Court later denied certiorari essentially affirming this ruling. However, Congress clearly did not intend to exclude these veterans from compensation based on arbitrary geographic line drawing by VA.

H.R. 2254 is intended to clarify the law so that Blue Water veterans and every service member awarded the Vietnam Service medal, or who otherwise deployed to land, sea or air, in the Republic of Vietnam is fully covered by the comprehensive Agent Orange laws Congress passed in 1991. If enacted, this bill will make it easier for VA to process Vietnam War veterans’ claims for service-connected conditions that are linked to toxic exposures during the Vietnam War and that are identified in current law.

Chairman John Hall leads the Subcommittee on Disability Assistance and Memorial Affairs, the subcommittee with jurisdiction over these issues. He stated, “With this legislation, Congress will leave no doubt that the ‘Blue Water Navy’ and all combat veterans of Vietnam are intended to be covered and compensated; thus ensuring that these veterans will receive the disability benefits they earned and deserve for exposure to Agent Orange. This is the cost of war. We asked these brave men and women to fight for us and serve their country, and it is a grave injustice that they have had to wait this long for treatment. We must place care of our soldiers among our top priorities. This applies for all past, present, and future conflicts.”

“Time is running out for these veterans,” concluded Chairman Filner. “Many are dying from their Agent Orange related diseases, uncompensated for their sacrifice. There is still a chance for America to meet its obligations to these noble veterans. I will work with my Congressional colleagues to provide the earned disability benefits and health care to the thousands of Navy blue water veterans and survivors that earned this care in battle.”
(full press release)

What's can Little Old Me Do?

  • Call your Congresscritter; you can get the 800 number at www.callcongress.orgAsk your Representatives whether they support the Agent Orange Equity Act of 2009; if they do, thank them nicely; if they don't, ask why not? Letters o.k. too, but take too long to get through the anthrax screening; emails are better than nothing but are so easy to do that they lack punch. A phonecall to your rep's local office might be good too.
  • Read the Text of the bill
  • See who's sponsoring it and what the bill status is on GovTrack
  • Pick apart the idiotic court decision that lead to denying health care to injured "Blue Water" veterans: Haas vs. Peake
  • Remember, HR 2254 appears to be a re-start of the Agent Orange Equity Act of 2008, but let's hope the new Congress can get'r'done this time
  • Learn more about Agent Orange and the Blue Water Navy.

Sunday, May 17, 2009

New Jersey Legal Assistance to Military Personnel (LAMP)

The legal community in New Jersey provides Legal Assistance to Military Personnel in a variety of ways.

For the Warrior Community

Active duty service members may wish to go first to Armed Forces Legal Assistance's online database to "locate active duty legal activities offering general legal services within the continental United States". Here is a list for the state of New Jersey.

Servicemembers and Veterans alike may find a lot of resources with the New Jersey Department of Military and Veterans Affairs, such as a Veterans Guide, link to Service Offices, lots of forms, and more.

The New Jersey Bar Association has organized a remarkable Military Legal Assistance Program, as follows:
"The Military Legal Assistance Program is a pro bono program established by the New Jersey State Bar Association, through its Military Law and Veterans' Affairs Committee, in conjunction with McCarter & English, L.L.P. This program provides free legal assistance to eligible military personnel.

To be eligible for the program you must:
  • be a New Jersey resident;
  • be a member of the reserve components of the armed forces (Army National Guard, Army Reserve, Air Force Reserve, Air National Guard, Navy Reserve, Marine Corp Reserve, etc.); and
  • have been called to active duty and deployed in Iraq or Afghanistan since 2001.
The Military Legal Assistance Program offers legal assistance to eligible military personnel in three areas:
  • Family Law
  • Employment Law
  • Debtor-Creditor Law
Please call 888-541-1900 to request assistance. If you are eligible for assistance, your case will be referred to a volunteer who can assist you with your specific legal issue."

General-Purpose Resources

Servicemembers, veterans and their families are of course eligible to use the same resources as anyone else.

Private Practice Attorneys

Typically, a lawyer in private practice will listen to your situation for 15 or 20 minutes, then give you an idea about how to proceed, in general terms, without charging you. If the matter is something the lawyer can help you with, but must charge for, sometimes you can work out a military-family discount, especially if you are easy to work with. The Findlaw website has a city-by-city list of lawyers in New Jersey who are interested in representing active-duty military personnel, military reservists, and veterans .

New Jersey county bar associations have set up over 20 Lawyer Referral Services.

For Lawyers

The New Jersey Bar Association (through its Military Law and Veterans' Affairs Committee, in conjunction with McCarter & English)
established a Military Legal Assistance Program to help New Jersey residents who have served overseas as active duty members of reserve components of the armed forces after September 11, 2001.

To learn more and/or volunteer, contact the program here.

You may also find many pro bono opportunities through Pro Bono NJ.org/ especially through its pro bono opportunities guide.

It is likely that there are other New Jersey programs, sponsored by local bar associations, law schools, and others. Anyone with more information on these or other programs are invited to contact me; the most convenient way is to add in a comment below. The purpose is service!

See also