Judge advocates play many roles in legal process

  • Published
  • By Airman 1st Class Susan Stout
  • 56th Fighter Wing Public Affairs
LUKE AIR FORCE BASE, Ariz. (AFPN) --  Contrary to what is portrayed on television, military attorneys do more than prosecute cases.

Many staff judge advocates and assistants spend less than 5 percent of their time in court, said Capt. Ron Spencer, 56th Fighter Wing assistant staff judge advocate here. Most of their casework is done outside the courtroom.

"We rarely investigate the cases like you'd see on TV," Spencer said. "We work closely with security forces and the Air Force Office of Special Investigations; however, we do advise the investigators during the process."

The Air Force's attorneys perform many different functions in the military justice system, but their No. 1 job is to provide legal support to commanders.

"We are here to make sure the mission is completed within guidelines and regulations," said Lt. Col. Peter Seebeck, 56th FW staff judge advocate.

The judge advocate and assistant judge advocates are similar to city attorneys.

"We can advise people about the right course of action to take," Seebeck said. "We help settle claims when household goods are damaged during a move. We also defend the Air Force against suits such as medical malpractice or when someone alleges damages caused by the Air Force."

Legal offices also handle civil law cases, including environmental encroachment and pollution issues, on the installations' behalf. For people, they can give opinions about real estate transactions and advice on divorces.

"We can't go to court for people," Seebeck said. "However, we can provide advice on a variety of legal assistance matters. When it comes to military justice, our staff prosecutes -- we don't defend accused airmen."

Military attorneys are key council during deployments and wartime, especially for pilots.

"We ensure the Law of Armed Conflict is followed," said Maj. Robert Booth, 56th FW assistant staff judge advocate. "We answer questions such as 'what is a fair target,' 'what can we legally bomb,' and 'what is a lawful target.' War is becoming more bound by law."

Also during deployments and wartime situations, military attorneys act as a liaison between host nations.

The legal office also assists airmen before and after a deployment.

"We help airmen get their things together before a deployment such as wills and powers of attorney," said Capt. Todd Logan, 56th FW assistant staff judge advocate. "We are also available to provide advice on family legal situations that may arise, such as shared custody arrangements.

"We are here to help give airmen piece of mind when leaving and returning from a deployment," he said. "If there are problems at home, that person can't perform the mission. We are also available to family members while their loved ones are deployed."

According to Seebeck, judge advocates and assistant judge advocates are essential.

"This is a nation of laws," he said. "We need lawyers. Our society is more complex and laws affect the Air Force mission. We live by the law and we're here to help guide (airmen) through these laws and regulations." (Courtesy of Air Education and Training Command News Service)