| Bar Bulletin |
May,
2003 |
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MSBA News |
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New
MSBA Guide Assists Deployed
Troops With Legal Matters
By Janet Stidman Eveleth
In these tumultuous
times, thousands of men and women serving in the Maryland National Guard
and military reserve units have been summoned for active duty to serve
their country. Recent mobilizations have been employed for everything from
the war against terrorism and security at airports, the Pentagon,
armories, military and key national sites to assignments guarding Taliban
detainees. To date, over 3,200 Maryland citizen soldiers have been
activated and deployed, and additional mobilizations are expected to
support the current international crisis and homeland defense.
As a result of military
deployment, citizen soldiers and their families face a multitude of legal
issues and questions regarding their legal rights. In addition, state laws
addressing the legal rights of activated soldiers have changed
dramatically as a result of 9/11. Thus, Maryland attorneys volunteering to
help reservists and their families on a pro bono basis, or as clients,
need to be aware of the implications of existing, new and updated state
laws.
To address this need
and help those serving our country, the Maryland State Bar Association’s
Leadership Academy has launched a new public service program. Academy
fellows have designed and produced two public service pamphlets to educate
and assist deployed Maryland troops and the attorneys helping them. One
will serve as a resource to soldiers and their families, and the other
will guide MSBA practitioners as they aid activated troops.
These public service
guides will educate soldiers, lawyers, judges and the public about laws
protecting citizen soldiers. Working in conjunction with the Judge
Advocate General unit of the Maryland National Guard, the Academy has
developed these two valuable resources to educate activated Maryland
National Guard soldiers and reservists about their legal rights and
educate and prepare attorneys who are representing them.
Deployed citizen
soldiers and their families face a myriad of legal matters. Their legal
needs range from military benefits, employment compensation and loss of
adequate income to domestic and family law matters, health care concerns,
loan reductions, landlord/tenant problems, real estate situations,
consumer issues and general court proceedings. Once activated, soldiers
encounter a number of difficulties just executing the details of everyday
life and related logistics.
“There are a number of
legal situations that arise when military troops are activated and
deployed,” explains Major Michael Noyes, a Judge Advocate General for the
Maryland National Guard. “Soldiers sustain a serious financial impact due
to their change in income and often encounter logistical problems, even
with a power of attorney.” Family issues suddenly become legal issues,
too. “If there is a pending divorce or a custody dispute, activation
exacerbates the complexities of the situation.”
MSBA’s consumer legal
rights brochure will address these issues, offer information on activated
military legal protections and educate citizen soldiers about their legal
rights. This educational resource will focus on state active duty and
legal protections afforded under state and federal law. It will cover
employment issues, tort liability, civil proceedings, workers’
compensation, consumer law, health care, landlord/tenant and death
benefits. Family law issues, including divorce, division of marital
property, child custody and child support will also be included, as well
as a list of contacts and resources for citizen soldiers and their
families.
There are also a number
of new laws relating to military benefits as a result of the 9/11 national
tragedy. Thus, the attorney practitioner guide will update lawyers
representing activated soldiers on state laws affecting military benefits
and legal rights during deployment. It will also clarify how laws may
differ depending on whether activation is summoned by the state or federal
government.
“There are many legal
implications and we need to educate soldiers and attorneys who are
advising them,” explains Noyes. “Everyone involved in this needs to know
about and understand relevant new laws. This guide is a resource; it
offers the latest state-of-the-art information in one place for the
convenience of lawyers.”
Noyes sees this public
service partnership with MSBA to be one of education. “The Maryland
National Guard appreciates the Bar’s outstanding support in this endeavor.
These guides will be a great resource, because while there is a lot of
federal information available there is very little on Maryland and people
need to know it.”
“People need help in
this area,” explains James Butler, an Academy fellow who is also a
military reservist. “That is why we are producing these resources for
servicemen and women and their families and for practitioners assisting
them. Now that the military has downsized, it relies on reserves to fill
the void, especially for certain skills and specialties.” He sees this
trend, and accompanying legal issues, growing in the future.
“We want to protect the
rights of soldier citizens,” adds Charles Blomquist, an Academy fellow who
serves in the Maryland National Guard. “This is an important project
because it delivers essential information to servicemen and women who
provide an invaluable service and place their lives on the line to protect
Maryland citizens.”
“This public service
project enables the private Bar to help everyone,” continues Noyes. “It is
heartening to see practitioners extend their very limited time and
resources to help servicemen and women. It is very much appreciated.”
Blomquist and Butler are most appreciative of the support and cooperation
shown by the Maryland National Guard.
MSBA’s Leadership
Academy, a class of attorneys undergoing special MSBA leadership training,
hopes to have both the consumer and practitioner guides available later
this month. The guides will be free to the public and all MSBA members.
The guides will be available through the Maryland National Guard as well
as MSBA’s website, www.msba.org.
Information
Pamphlet for Members of the Maryland National Guard
PDF document (330k)
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