Existing law establishes the California Military Department, which includes the Office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia.

This bill would, upon appropriation by the Legislature, create the Office of Military Legal Assistance within the Military Department. The bill would require the office to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services. The bill would, subject to the provisions described above, authorize the office to provide assistance in legal areas including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and landlord-tenant issues. This bill would make these provisions inoperative on July 1, 2022, and would repeal them as of January 1, 2023.

Existing law establishes the California Military Department, which includes the Office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia.

This bill would, upon appropriation by the Legislature, create the Office of Military Legal Assistance within the Military Department. The bill would require the office to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services. The bill would, subject to the provisions described above, authorize the office to provide assistance in legal areas including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and landlord-tenant issues. This bill would make these provisions inoperative on July 1, 2022, and would repeal them as of January 1, 2023.

Existing law establishes the California Military Department, which includes the Office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia.

This bill would, upon appropriation by the Legislature, create the Office of Military Legal Assistance within the Military Department. The bill would require the office to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services. The bill would, subject to the provisions described above, authorize the office to provide assistance in legal areas including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and landlord-tenant issues. This bill would make these provisions inoperative on July 1, 2022, and would repeal them as of January 1, 2023.

Existing law establishes the California Military Department, which includes the Office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia.

This bill would would, upon appropriation by the Legislature, create the Office of Military Legal Assistance within the Military Department. The bill would require the Office of Military Legal Assistance to facilitate the delivery of legal assistance programs, pro bono services, and self-help services to current and former military personnel in the state, and to function as a clearinghouse for the coordination of attorneys offering pro bono legal services to military members needing legal representation. The bill would additionally authorize the Military Department to apply for and accept grants, gifts, donations, bequests, and devises on behalf of the Office of Military Legal Assistance, and to deposit those in the Military Legal Assistance Account, established in the California Military Department Support Fund. The bill would provide that the Military Legal Assistance Account is available, upon appropriation by the Legislature, for the purpose of carrying out the functions of the Office of Military Legal Assistance. office to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services. The bill would, subject to the provisions described above, authorize the office to provide assistance in legal areas including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and landlord-tenant issues. This bill would make these provisions inoperative on July 1, 2022, and would repeal them as of January 1, 2023.

Existing law establishes the California Military Department, which includes the Office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia.

This bill would create the Office of Military Legal Assistance within the Military Department. The bill would require the Office of Military Legal Assistance to facilitate the delivery of legal assistance programs, pro bono services, and self-help services to current and former military personnel in the state, and to function as a clearinghouse for the coordination of attorneys offering pro bono legal services to military members needing legal representation. The bill would additionally authorize the Military Department to apply for and accept grants, gifts, donations, bequests, and devises on behalf of the Office of Military Legal Assistance, and to deposit those in the Military Legal Assistance Account, established in the California Military Department Support Fund. The bill would provide that the Military Legal Assistance Account is available, upon appropriation by the Legislature, for the purpose of carrying out the functions of the Office of Military Legal Assistance.

GOVERNOR'S VETO

GV Bill Id:AB 2085

Author:(Irwin)

As Enrolled Ver:August 23, 2016

2/3 vote

SUMMARY: Creates the Office of Military Legal Assistance within the Military Department upon appropriation by the Legislature. Specifically, this bill:

1. Creates the Office of Military Legal Assistance in the Military Department.
2. Requires the office to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services.
3. States that the office may provide assistance in legal areas, including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and landlord-tenant issues.
4. Predicates the bill's effect on appropriation of funds by the Legislature.
5. Contains a sunset clause.

EXISTING FEDERAL LAW: Each armed service of the United States has a legal assistance program with a governing regulation promulgated by the service.

FISCAL EFFECT: According to the Appropriations Committee:

Cost in the $800,000 range for eight positions to serve any one of the 175,000 servicemembers in California. Nevada has an office under its Attorney General to provide service to active members and veterans; it is staffed with two positions to assist 16,000 active members and an unknown number of veterans.

COMMENTS: According to the author:

Attorneys in California are needed to assist active duty servicemembers and reservists with legal matters. Military personnel are often presented with legal challenges due to the requirements of their service, such as frequent relocation, interrupted employment, financial need, and strain on family life, among others.

While some legal services are provided to servicemembers through their respective service's Judge Advocates General (JAG), there is a gap in service for a variety of legal issues, particularly in civil law, because JAGs are prohibited from representing servicemembers in civilian court in almost all cases. The primary legal areas with which servicemembers require assistance include the Uniformed Services Employment and Reemployment Rights Act, the Servicemembers Civil Relief Act, family law, consumer fraud, property and landlord issues, naturalization and immigration, creditor and debtor issues, and predatory lending.

Army Regulation AR 27-3 is a good example of the governing military legal assistance program regulation. AR 27-3 states in pertinent part:

The mission of the legal assistance program is to assist those eligible for legal assistance with their personal legal affairs in a timely and professional manner by —

1. Meeting their needs for information on personal legal matters.
2. Resolving their personal legal problems whenever possible. …

The mission of the legal assistance program is based on the following military needs:

1. Readiness. Because Active Army and Reserve Component (RC) soldiers and emergency-essential Department of Defense (DOD) civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. ... Possessing the capability to deliver legal assistance on short notice to great numbers during a brief period of time is essential to readiness.
2. Morale. Fostering the high morale of soldiers and their families is an important aspect of readiness. High morale is enhanced by providing soldiers and their families information, advice, and assistance responsive to their personal legal needs and problems.
3. Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure.
4. Quality force. Providing legal assistance is part of the Army's ongoing effort to maintain a quality of life that will attract quality people. The Army must take care of its own if it is to recruit and retain a quality force.

Under AR 27-3 legal assistance may be provided for: Ministerial services, legal counseling, legal correspondence, legal negotiation, legal document preparation, legal document filing, and pro se assistance. However, the regulation authorizes in court representation of clients only in very limited circumstances. Thus, in civilian court, it is very unlikely that a military member will have JAG representation.

Related Legislation: In 2015, Nevada enacted SB 60, similar legislation to this bill, which created the Office of Military Legal Assistance in the Nevada Attorney General's Office.

GOVERNOR'S VETO MESSAGE:

This bill creates, upon appropriation by the Legislature and until July 1, 2022, the Office of Military Legal Assistance within the California Military Department to assist current service members who require legal assistance.

I believe this type of bill is more properly considered during budget deliberations.

Analysis Prepared by: John Spangler / V.A. / (916) 319-3550 FN: 0005049

 THIRD READING  

Bill No: AB 2085

Author:

:

Vote:

SENATE VETERANS AFFAIRS COMMITTEE: 5-0, 6/14/16

AYES: Nielsen, Hueso, Allen, Nguyen, Roth

SENATE JUDICIARY COMMITTEE: 7-0, 6/28/16

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 77-0, 6/2/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill creates the Office of Military Legal Assistance (OMLA) within the California Military Department (CMD) and requires it to serve as a clearinghouse for the coordination of attorneys offering pro bono legal services to military service members needing legal representation.

ANALYSIS:

Existing federal and state law:

1. Establishes rights and responsibilities, pertaining to employment and reinstatement, for uniformed servicemembers (both active and reserve components) and their civilian employers.
2. Provides protections for uniformed servicemembers (both active and reserve components) from the adverse financial effects of active military deployment.

Existing state law establishes the CMD, which includes the Office of the Adjutant General, California National Guard, State Military Reserve, California Cadet Corps, and Naval Militia.

This bill:

1. Creates the OMLA within the CMD.
2. Requires the OMLA to assist current servicemembers in the state, who require legal assistance, by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services.
3. States that the OMLA may provide assistance in legal areas, including, but not limited to, the federal Servicemembers Civil Relief Act (SCRA), the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), consumer protection, and landlord-tenant issues.
4. Conditions the operational effectiveness of these provisions upon legislative appropriation of funds.
5. Provides that these provisions shall become inoperative on July 1, 2022; and as of January 1, 2023, are repealed – unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.

Background

Federal employment protections. USERRA is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserve, National Guard, or other uniformed Services: (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service.

USERRA applies to all public, private, and government employers in the United States, large and small. USERRA’s definition of “service in the uniformed Services” covers all categories of military training and service, including duty performed on a voluntary or involuntary basis in time of peace or war. Although most often understood as applying to Guard and Reserve military personnel, USERRA also applies to persons serving in the active components of the Armed Forces and the National Disaster Medical System and the Commissioned Corps of the Public Health Service.

SCRA is a federal law intended to strengthen, and expedite the national defense through protections extended to U.S. servicemembers to enable such persons to devote their entire energy to the defense needs of the nation. SCRA provides for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military.

California state employment protections. Military and Veterans Code (MVC) §394.5 provides Guard members and reservists with the right to take temporary leaves of absence from civilian employment without pay to perform military duties and MVC §395.06 provides these military members with a general right to employment reinstatement.

California state legal and financial protections. MVC §§400 and §§800 protect Guard members and federal reservists from the adverse effects of military deployment by providing various financial protections with regard to court proceedings, credit contract obligations, rental agreements, taxes, utility payment obligations, health insurance, eviction protection, and fees related to recording a power of attorney, termination of mobile telephone contracts, academic tuition, state bar membership, vehicle leases, and residential utility service.

Comments

AB 2085 is responsive to a federal advisory memorandum published by the United States Department of Defense and disseminated to the States. The memorandum posits: “Service members and their families have access to military legal assistance attorneys to receive advice and assistance; however, they must generally obtain their own counsel to represent them in court. State Government can assist by coordinating pro bono legal programs that can connect qualified attorneys with Service members and their families.”

The memorandum also advises that State government can provide valuable assistance coordinating a pro bono program, by establishing an office with paid staff to:

1. Market the program to attorneys throughout the state and register volunteer attorneys;
2. Coordinate activities with organizations within the state that also provide pro bono services;
3. Liaise with Legal Assistance Offices on Military Installations and the applicable office within the State National Guard Headquarters; and
4. Assess and assign requests for pro bono services.

The memorandum describes an ideal pro bono program as covering the representational needs of Service members and families for matters such as consumer law, Service member Civil Relief Act issues, Uniformed Service member Employment and Re-employment Rights Act, civil liability, and portions of family law where providing legal representation would not create inequity between family members.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, significant cost of approximately $800,000 per year to the CMD to staff the OMLA to serve the 175,000 servicemembers in California.

SUPPORT: (Verified 8/12/16)

Office of the Deputy Assistant Secretary of Defense, Military Community and Family Policy

OPPOSITION: (Verified 8/12/16)

None received

ASSEMBLY FLOOR: 77-0, 6/2/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Bigelow, Eggman, Beth Gaines

Prepared by:

8/15/16 20:22:12

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2085 (Irwin) - Military and veterans: legal aid

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2085, subject to an appropriation, would establish the Office of Military Legal Assistance (OMLA) to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, as specified.

Fiscal Impact:

Significant cost of approximately $800,000 per year to the Military Department (CMD) to staff the office to serve the 175,000 servicemembers in California.

Background:

Each branch of the armed service has a legal assistance program with a Judge Advocate General (JAG). While some legal services, such as preparing important legal documents and providing legal advice, may be provided to servicemembers through their respective service’s JAG, counsel for representation is generally not covered under regulation. For example, under Army Regulation (AR) 27-3, legal assistance may be provided for ministerial services, legal counseling, legal correspondence, legal negotiation, legal document preparation and filing, and pro se assistance; however, the regulation authorizes in court representation of clients in very limited circumstances. Thus, it is unlikely that a servicemember will have legal representation in civilian court through their service’s legal assistance program.

A number of attorney associations and charitable organizations provide pro bono legal services in civilian court to servicemembers. For example, the American Immigration Lawyers Association Military Assistance Program (AILA-MAP) is a collaboration between AILA and the Legal Assistance Offices of the US military JAG Corps to provide free assistance to active duty servicemembers with complex immigration legal questions. The American Bar Association’s Military Pro Bono Project “accepts case referrals from military attorneys on behalf of junior-enlisted, active-duty military personnel and their families with civil legal problems, and it places these cases with pro bono attorneys.”

In 2015, the state of Nevada adopted SB 60, which establishes, similar to this bill, the Office of Military Legal Assistance “to facilitate the delivery of legal assistance programs, pro bono services and self-help services to current and former military personnel.” The Nevada OMLA is under its Attorney General and is staffed with two positions which were included in its Governor’s budget. Nevada has approximately 16,000 active service members and an unknown number of veterans.

According to Nevada state law, every “lawyer has a professional responsibility to provide legal services to those unable to pay.” Nevada lawyers should aspire to render a goal of at least 20 hours of direct no-fee services, 60 hours of reduced-fee services, or a $500 donation to a pro bono services organization in lieu of services. The California State Bar encourages, but does not require attorneys to contribute at least 50 hours of pro bono legal services annually.

Proposed Law:

This bill would:

• Create the Office of Military Legal Assistance within CMD
• Require OMLA to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources as well as providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services.
• Specify that OMLA may provide assistance in legal areas, including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and landlord-tenant issues.
• Provide that the provisions of the bill become effective only upon appropriation of funds by the Legislature.
• Sunset on July 1, 2022.

Staff Comments:

• CMD predicts eight positions would be needed to provide the services under the provisions of this bill to California’s 175,000 servicemembers.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 2085 (Author:Irwin)

Version: May 31, 2016

Hearing Date: June 28, 2016

Fiscal: Yes

Urgency: No

Consultant: ME

SUBJECT

Military and veterans: legal aid

DESCRIPTION

This bill would establish the Office of Military Legal Assistance in the Military Department, upon appropriation of funds by the Legislature, to assist current servicemembers in California who require legal assistance.

BACKGROUND

California has a strong public policy of support for military servicemembers.  Under California law, Guard members and reservists have the right to take temporary leaves of absence from civilian employment without pay to perform military duties.  Servicemembers who take these temporary leaves of absence have rights to employment reinstatement under state law.  The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) protects servicemembers and veterans by ensuring that employees are promptly reemployed in their civilian jobs upon their return from duty and providing protections to ensure they are not discriminated against in employment based on past, present, or future military service.

Limited legal services are currently provided to servicemembers through their respective service’s Judge Advocates General (JAG).  However, JAGs are prohibited from representing servicemembers in civilian court in many cases.  The legal challenges that servicemembers typically face require representation in civil court.  For example, servicemembers oftentimes need to resolve family law matters, landlord tenant issues, creditor and debtor issues, and immigration and naturalization issues.   Although there are pro bono programs, such as the American Bar Association’s Military Pro Bono Project and the American Immigration Lawyers Association (AILA) Military Assistance Program (MAP), they do not completely meet the needs of California’s servicemembers.  

This bill seeks to fulfill the legal service needs of California servicemembers by establishing the Office of Military Legal Assistance in the Military Department, upon appropriation of funds by the Legislature, to assist current servicemembers in California who require legal assistance.

CHANGES TO EXISTING LAW

Existing law establishes the California Military Department, which includes the Office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia.  (Mil. & Vet. Code Secs. 50, 51.)

Existing law provides that any employee of any corporation, company, or firm, or other person, who is a member of the reserve corps of the armed forces of the United States, or of the National Guard or the Naval Militia, is entitled to a temporary leave of absence without pay while engaged in military duty ordered for purposes of military training, drills, encampment, naval cruises, special exercises or like activity as such member, providing that the period of ordered duty does not exceed 17 calendar days annually including time involved in going to and returning from such duty.  (Mil. & Vet. Code Sec. 394.5.)

Existing law provides military members with a general right to employment reinstatement, as specified.  (Mil. & Vet. Code Sec. 395.06.)

Existing federal law, the Uniformed Services Employment and Reemployment Rights Act (USERRA), protects servicemembers and veterans by ensuring that employees are promptly reemployed in their civilian jobs upon their return from duty and providing protections to ensure they are not discriminated against in employment based on past, present, or future military service. (38 U.S.C. Secs. 4301-4335.)

This bill would establish the Office of Military Legal Assistance in the Military Department, upon appropriation of funds by the Legislature, to assist current servicemembers in California who require legal assistance.

This bill would specify that the office may provide assistance in legal areas, including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and landlord-tenant issues.

This bill would provide that the provisions of the bill become effective only upon appropriation of funds by the Legislature.

This bill contains a sunset provision whereby the provisions of the bill will become inoperative on July 1, 2022, and repealed on January 1, 2023.

COMMENT

1.  Stated need for bill

According to the author:

Attorneys in California are needed to assist active duty servicemembers and reservists with legal matters. Military personnel are often presented with legal challenges due to the requirements of their service, such as frequent relocation, interrupted employment, financial need, and strain on family life, among others.

While some legal services are provided to servicemembers through their respective service’s Judge Advocates General (JAG), there is a gap in service for a variety of legal issues, particularly in civil law, because JAGs are prohibited from representing servicemembers in civilian court in almost all cases. The primary legal areas with which servicemembers require assistance include the Uniformed Services Employment and Reemployment Rights Act, the Servicemembers Civil Relief Act, family law, consumer fraud, property and landlord issues, naturalization and immigration, creditor and debtor issues, and predatory lending.

2.  Legal Services for Servicemembers

Each armed service of the United States has a legal assistance program with a governing regulation promulgated by their service.  Under the Army Regulation AR 27-3, for example, legal assistance may be provided for ministerial services, legal counseling, legal correspondence, legal negotiation, legal document preparation, legal document filing, and pro se assistance.  The regulation authorizes court representation of clients in very limited circumstances.  Thus, it is unlikely that a servicemember will have legal representation by a military legal assistance program in civilian court.

On behalf of the Department of Defense and in support for the policy in this bill, the Office of the Deputy Assistant Secretary of Defense writes:

It is a common misconception that Service members have unfettered access to legal services as a result of their military service. The Judge Advocate General Corps attorneys in the military cannot represent Service members in a majority of civil matters. Because private attorneys sometimes cost more than a Service member can afford, military families that need help are put in a stressful position while facing challenging military duties.

Some servicemembers enjoy pro bono legal service in civilian court provided by members of attorney associations or other charitable organizations. For example, the American Immigration Lawyers Association Military Assistance Program (AILA-MAP) is a collaboration between AILA and the Legal Assistance Offices (LAO) of the United States military Judge Advocate General’s (JAG) Corps.  According to AILA:

The LAOs provide free assistance to active duty service-members and their families in order to maintain the highest level of readiness possible in the event that a military member is deployed. Recently, however, JAG attorneys have been inundated with complex immigration legal questions. To resolve these cases successfully, they often need the assistance of seasoned immigration attorneys. AILA-MAP has brought these two groups together to form a truly dynamic and effective partnership.

Since the inception of this worthy program in 2008, our priority has been to provide invaluable resources, knowledgeable pro bono legal counsel, and peace of mind to these courageous men and women of the United States Armed Forces while honoring the selfless commitment which they have made to the continued protection of our nation and the freedoms we enjoy on a daily basis. (See <http://www.aila.org/practice/pro-bono/find-your-opportunity/military-assistance-program> [as of June 16, 2016].)

The American Bar Association’s (ABA) Military Pro Bono Project highlights that it “accepts case referrals from military attorneys on behalf of junior-enlisted, active-duty military personnel and their families with civil legal problems, and it places these cases with pro bono attorneys where the legal assistance is needed.” 

The state of Nevada adopted similar legislation in 2015. The Nevada Office of Military Legal Assistance has successfully resolved over 210 legal matters for military personnel and veterans residing in Nevada, earning designation as a “Best Practice Program” by the U.S. Department of Defense.

This bill would establish the Office of Military Legal Assistance in the Military Department, upon appropriation of funds by the Legislature, to further assist current servicemembers in California who require legal assistance.

Support: Office of the Deputy Assistant Secretary of Defense (Military Community and Family Policy)

Opposition: None Known

HISTORY

Source: Author

Related Pending Legislation: None Known

Prior Legislation: None Known

Prior Vote:

Senate Veterans Affairs Committee (Ayes 5, Noes 0)

Assembly Floor (Ayes 77, Noes 0)

Assembly Appropriations Committee (Ayes 20, Noes 0)

Assembly Veterans Affairs Committee (Ayes 9, Noes 0)

**************

SENATE COMMITTEE ON

Senator Jim Nielsen, Chair

2015 - 2016 Regular

Bill No: Hearing Date: 6/14/16

Subject:

DESCRIPTION

Summary:

Creates the Office of Military Legal Assistance within the California Military Department (CMD) and requires it to serve as a clearinghouse for the coordination of attorneys offering pro bono legal services to military service members needing legal representation.

Existing law:

1. Federal and state:
   1. Establishes rights and responsibilities, pertaining to employment and reinstatement, for uniformed servicemembers (both active and reserve components) and their civilian employers.
   2. Provides protections for uniformed servicemembers (both active and reserve components) from the adverse financial effects of active military deployment.
2. State: Establishes the California Military Department, which includes the Office of the Adjutant General, the California National Guard, State Military Reserve, California Cadet Corps, and Naval Militia.

This bill:

1. Creates the Office of Military Legal Assistance within the Military Department.
2. Requires the Office to assist current servicemembers in the state, who require legal assistance, by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services.
3. States that the Office may provide assistance in legal areas, including, but not limited to, the federal Servicemembers Civil Relief Act (SCRA), the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), consumer protection, and landlord-tenant issues.
4. Conditions the operational effectiveness of these provisions upon legislative appropriation of funds.
5. Provides that these provisions shall become inoperative on July 1, 2022; and as of January 1, 2023, are repealed – unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.

BACKGROUND

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserve, National Guard, or other uniformed Services: (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service.

USERRA applies to all public, private, and government employers in the United States, large and small. USERRA’s definition of “service in the uniformed Services” covers all categories of military training and service, including duty performed on a voluntary or involuntary basis in time of peace or war. Although most often understood as applying to Guard and Reserve military personnel, USERRA also applies to persons serving in the active components of the Armed Forces and the National Disaster Medical System and the Commissioned Corps of the Public Health Service.

Servicemembers Civil Relief Act (SCRA)

SCRA is a federal law intended to strengthen, and expedite the national defense through protections extended to U.S. servicemembers to enable such persons to devote their entire energy to the defense needs of the nation. SCRA provides for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military.

California state employment protections

Military and Veterans (MVC) Code §394.5 provides Guard members and reservists with the right to take temporary leaves of absence from civilian employment without pay to perform military duties and MVC §395.06 provides these military members with a general right to employment reinstatement.

California state legal and financial protections

MVC §§400 and §§800 protect Guard members and federal reservists from the adverse effects of military deployment by providing various financial protections with regard to court proceedings, credit contract obligations, rental agreements, taxes, utility payment obligations, health insurance, eviction protection, and fees related to recording a power of attorney, termination of mobile telephone contracts, academic tuition, state bar membership, vehicle leases, and residential utility service.

COMMENT

Author’s comments:

Attorneys in California are needed to assist active duty servicemembers and reservists with legal matters. Military personnel are often presented with legal challenges due to the requirements of their service, such as frequent relocation, interrupted employment, financial need, and strain on family life, among others.

While some legal services are provided to servicemembers through their respective service’s Judge Advocates General (JAG), there is a gap in service for a variety of legal issues, particularly in civil law, because JAGs are prohibited from representing servicemembers in civilian court in almost all cases. The primary legal areas with which servicemembers require assistance include the Uniformed Services Employment and Reemployment Rights Act, the Servicemembers Civil Relief Act, family law, consumer fraud, property and landlord issues, naturalization and immigration, creditor and debtor issues, and predatory lending.

Army Regulation (AR) 27-3 is a good example of the governing military legal assistance program regulation. AR 27-3 states in pertinent part:

The mission of the legal assistance program is to assist those eligible for legal assistance with their personal legal affairs in a timely and professional manner by —

(1) Meeting their needs for information on personal legal matters.

(2) Resolving their personal legal problems whenever possible. …

The mission of the legal assistance program is based on the following military needs:

(1) Readiness. Because Active Army and RC soldiers and emergency-essential DOD civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. ... Possessing the capability to deliver legal assistance on short notice to great numbers during a brief period of time is essential to readiness.

(2) Morale. Fostering the high morale of soldiers and their families is an important aspect of readiness. High morale is enhanced by providing soldiers and their families with information, advice, and assistance responsive to their personal legal needs and problems.

(3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure.

(4) Quality force. Providing legal assistance is part of the Army’s ongoing effort to maintain a quality of life that will attract quality people. The Army must take care of its own if it is to recruit and retain a quality force.

Under 27-3 legal assistance may be provided for: Ministerial services, legal counseling, legal correspondence, legal negotiation, legal document preparation, legal document filing, and pro se assistance. However, the regulation authorizes in court representation of clients only in very limited circumstances. Thus, in civilian court, it is very unlikely that a military member will have JAG representation.

POSITIONS

Sponsor: Author.

Support: None on file.

Oppose: None on file.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2085

Author:(Irwin)

As Amended Ver:

Majority vote

SUMMARY: Creates the Office of Military Legal Assistance within the Military Department upon appropriation by the Legislature. Specifically, this bill:

1. Creates the Office of Military Legal Assistance in the Military Department.
2. Requires the office to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services.
3. States that the office may provide assistance in legal areas, including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and landlord-tenant issues.
4. Predicates the bill's effect on appropriation of funds by the Legislature.
5. Contains a sunset clause.

EXISTING FEDERAL LAW: Each armed service of the United States has a legal assistance program with a governing regulation promulgated by the service.

FISCAL EFFECT: According to the Appropriations Committee:

Cost in the $800,000 range for eight positions to serve any one of the 175,000 servicemembers in California. Nevada has an office under its Attorney General to provide service to active members and veterans; it is staffed with two positions to assist 16,000 active members and an unknown number of veterans.

COMMENTS: According to the author:

Attorneys in California are needed to assist active duty servicemembers and reservists with legal matters. Military personnel are often presented with legal challenges due to the requirements of their service, such as frequent relocation, interrupted employment, financial need, and strain on family life, among others.

While some legal services are provided to servicemembers through their respective service's Judge Advocates General (JAG), there is a gap in service for a variety of legal issues, particularly in civil law, because JAGs are prohibited from representing servicemembers in civilian court in almost all cases. The primary legal areas with which servicemembers require assistance include the Uniformed Services Employment and Reemployment Rights Act, the Servicemembers Civil Relief Act, family law, consumer fraud, property and landlord issues, naturalization and immigration, creditor and debtor issues, and predatory lending.

Army Regulation AR 27-3 is a good example of the governing military legal assistance program regulation. AR 27-3 states in pertinent part:

The mission of the legal assistance program is to assist those eligible for legal assistance with their personal legal affairs in a timely and professional manner by –

(1) Meeting their needs for information on personal legal matters.

(2) Resolving their personal legal problems whenever possible. …

The mission of the legal assistance program is based on the following military needs:

(1) Readiness. Because Active Army and RC soldiers and emergency-essential DOD civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. ...Possessing the capability to deliver legal assistance on short notice to great numbers during a brief period of time is essential to readiness.

(2) Morale. Fostering the high morale of soldiers and their families is an important aspect of readiness. High morale is enhanced by providing soldiers and their families information, advice, and assistance responsive to their personal legal needs and problems.

(3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure.

(4) Quality force. Providing legal assistance is part of the Army's ongoing effort to maintain a quality of life that will attract quality people. The Army must take care of its own if it is to recruit and retain a quality force.

Under AR 27-3 legal assistance may be provided for: Ministerial services, legal counseling, legal correspondence, legal negotiation, legal document preparation, legal document filing, and pro se assistance. However, the regulation authorizes in court representation of clients only in very limited circumstances. Thus, in civilian court, it is very unlikely that a military member will have JAG representation.

Related Legislation: In 2015, Nevada enacted SB 60, similar legislation to this bill, which created the Office of Military Legal Assistance in the Nevada Attorney General's Office.

Analysis Prepared by: John Spangler / V.A. / (916) 319-3550 FN: 0003081

Date of Hearing: April 20, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2085

Author:(Irwin) – As Amended Ver:April 11, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill, subject to an appropriation, creates the Office of Military Legal Assistance (OMLA) within the Military Department. OMLA is required to provide assistance to servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services.

FISCAL EFFECT:

Cost in the $800,000 range for eight positions to serve any one of the 175,000 servicemembers in California. Nevada has an office under its Attorney General to provide service to active members and veterans; it is staffed with two positions to assist 16,000 active members and an unkown number of veterans.

COMMENTS:

1. Background. Under federal law, each armed service of the United States has a legal assistance program with a governing regulation promulgated by the service. However, there is a gap in service, particularly in civil law because the Judge Advocate Generals (JAGs) are prohibited from representing servicemembers in civilian court in most cases.
2. Purpose. According to the author, “Attorneys in California are needed to assist active duty servicemembers and reservists with legal matters. Military personnel are often presented with legal challenges due to the requirements of their service, such as frequent relocation, interrupted employment, financial need, and strain on family life, among others.”

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

ABPCA Bill Id:AB 2085 (

Author:Irwin) – As Amended Ver:April 4, 2016

SUBJECT: Military and veterans: legal aid

SUMMARY: Creates the Office of Military Legal Assistance within the Military Department upon appropriation by the Legislature. Specifically, this bill:

1. Requires the office to assist current servicemembers in the state who require legal assistance by providing access to educational and informational resources and by providing referral services to available legal assistance programs, including reduced fee services, pro bono services, and self-help services.
2. Authorizes the office to provide assistance in legal areas including, but not limited to, the federal Servicemembers Civil Relief Act, the federal Uniformed Services Employment and Reemployment Rights Act, consumer protection, and landlord-tenant issues.
3. Makes these provisions inoperative on July 1, 2022, and would repeal them as of January 1, 2023.

EXISTING LAW: Establishes the California Military Department, which includes the Office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia.

EXISTING FEDERAL LAW: Each armed service of the United States has a legal assistance program with a governing regulation promulgated by the service.

FISCAL EFFECT: Unknown.

COMMENTS: According to the author:

Attorneys in California are needed to assist active duty servicemembers and reservists with legal matters. Military personnel are often presented with legal challenges due to the requirements of their service, such as frequent relocation, interrupted employment, financial need, and strain on family life, among others.

While some legal services are provided to servicemembers through their respective service’s Judge Advocates General (JAG), there is a gap in service for a variety of legal issues, particularly in civil law, because JAGs are prohibited from representing servicemembers in civilian court in almost all cases. The primary legal areas with which servicemembers require assistance include the Uniformed Services Employment and Reemployment Rights Act, the Servicemembers Civil Relief Act, family law, consumer fraud, property and landlord issues, naturalization and immigration, creditor and debtor issues, and predatory lending.

Army Regulation AR 27-3 is a good example of the governing military legal assistance program regulation. AR 27-3 states in pertinent part:

The mission of the legal assistance program is to assist those eligible for legal assistance with their personal legal affairs in a timely and professional manner by —

(1) Meeting their needs for information on personal legal matters.

(2) Resolving their personal legal problems whenever possible. …

The mission of the legal assistance program is based on the following military needs:

(1) Readiness. Because Active Army and RC soldiers and emergency-essential DOD civilian employees must be prepared for immediate mobilization and deployment, their personal legal affairs must be in order at all times. ... Possessing the capability to deliver legal assistance on short notice to great numbers during a brief period of time is essential to readiness.

(2) Morale. Fostering the high morale of soldiers and their families is an important aspect of readiness. High morale is enhanced by providing soldiers and their families information, advice, and assistance responsive to their personal legal needs and problems.

(3) Discipline. Personal legal difficulties may cause low morale and disciplinary problems and may adversely affect combat readiness. Prompt legal assistance in resolving these difficulties is an effective preventive law measure.

(4) Quality force. Providing legal assistance is part of the Army’s ongoing effort to maintain a quality of life that will attract quality people. The Army must take care of its own if it is to recruit and retain a quality force.

Under 27-3 legal assistance may be provided for: Ministerial services, legal counseling, legal correspondence, legal negotiation, legal document preparation, legal document filing, and pro se assistance. However, the regulation authorizes in court representation of clients only in very limited circumstances. Thus, in civilian court, it is very unlikely that a military member will have JAG representation.

Related Legislation: In 2015, Nevada enacted SB 60, similar legislation to this bill, which created the Office of Military Legal Assistance in the Nevada Attorney General’s Office.

REGISTERED SUPPORT / OPPOSITION:

Support

None on File.

Opposition

None on File.

Analysis Prepared by: John Spangler / V.A. / (916) 319-3550