JAG duty goes beyond portrayals

  • Published
  • By 2nd Lt. Albert Bosco
  • 325th Fighter Wing Public Affairs
TYNDALL AIR FORCE BASE, Fla. (AFPN) --  People who base their perception of military lawyers on the television show "JAG" most likely think those in the judge advocate general profession are pilots, traveling from courtroom to courtroom in high performance military aircraft.

They may also believe military legal professionals have the uncanny ability to solve and prosecute any case in less than 60 minutes.

While that would definitely be a career worth having, the reality is that Air Force JAGs do not fly, and their cases can take months to prosecute.

The upside, however, is that being a JAG offers a fast-paced, diverse and rewarding career for those who are looking for a challenge.

Every JAG is a licensed, practicing attorney, though there are vast differences between them and their civilian counterparts, according to Maj. Mark Hatch, 325th Fighter Wing deputy staff judge advocate here.

"As a civilian attorney, working in a large law firm, the bottom line is often money," Hatch said. "As a civilian attorney, you have to track fractions of hours and photocopies for billing purposes, you have to worry about bringing new clients to the firm and there's always the corporate ladder to climb."

Unlike civilian law firms, the Air Force legal system is a public service rather than a private practice. Unlike their civilian counterparts, JAGs provide legal assistance to military members free of charge.

When most people think of JAGs, they envision someone getting in trouble. Although the legal office advises commanders and supervisors on appropriate discipline for misconduct, their involvement is not necessarily bad.

"There is a perception that if (the JAG office) is involved, it's got to be a bad thing, but I don't think that's a complete picture," said Lt. Col. Carol Hubbard, 325th FW staff judge advocate. "While we do advise commanders, we also make sure any proposed actions are fair."

While the JAG office prosecutes military criminals, there is a lot more going on in the legal world than crime. The office also provides free legal assistance to military members such as drafting powers of attorney and wills, and resolving claims issues when household goods are lost or damaged.

JAGs also play a major role during deployments. Before troops leave their home base, JAGs handle questions about financial obligations and help reservists and guardsmen recalled to active duty deal with employment issues.

Deployed JAGs can serve in one of two areas. A JAG assigned at base level may deal with a host of issues, such as military justice, claims, construction, contracting and environmental matters. Other JAGs play one of the most important roles during a military campaign: providing support to an Air Operations Center, which conducts the air campaign. The role of the JAG in this arena can run the gamut from helping with initial planning of the air tasking order to determining rules of engagement and identifying appropriate targets.

"During military operations in a contingency environment, the role of the JAG becomes very challenging because often the rules aren't the same," Hubbard said. "We have to determine whether or not the plan is in accordance with international law and our obligations under the host nation agreement. We also have to make sure it is in accordance with our own (rules of engagement)."

Besides providing input for the planning process, the legal office places heavy emphasis on laws of armed conflict principles. JAGs advise commanders when LOAC comes into question. According to Hubbard, many textbook examples of LOAC violations were seen during Operation Desert Storm when Iraqi forces parked military aircraft next to ancient monuments, used civilians as shields and committed a host of environmental crimes such as setting oil fields on fire.

"Compliance with LOAC is fundamental to conducting operations efficiently, effectively and with minimal adverse effects," Hubbard said. "We train all of our personnel so they understand what the law requires. Young troops ask, 'Why do we comply with LOAC if our enemies don't?' There's a good reason beside the fact that you can be prosecuted if there is a criminal violation under our Uniform Code of Military Justice.

"During Operation Desert Storm, we saw massive surrenders by the Iraqis when the ground campaign started. That's because they knew they would be treated well. If they were treated badly, as they were during the Iran-Iraq conflict, we likely wouldn't have seen the same level of surrender. Our own compliance with LOAC helped end the war sooner."

With all of the responsibility JAGs are handed, people might wonder what the reward is for being a military lawyer. According to those in the 325th FW legal office, it is a matter of personal desire coupled with the opportunity to serve in a unique position.

"As a military lawyer, you are given responsibility quickly," Hubbard said. “New civilian attorneys, on the other hand, may spend most of their time doing research for other, more experienced attorneys.”

"As a new lieutenant, I found myself in the courtroom immediately and I was dealing with a variety of issues," Hatch said. "As a civilian, it might be years before you see a courtroom and you can be limited to practicing law in your specialty." (Courtesy of Air Education and Training Command News Service)