The Coast Guard Judge Advocate General oversees the delivery of legal services to the

United States Coast Guard The United States Coast Guard (USCG) is the maritime security, search and rescue, and law enforcement service branch of the United States Armed Forces and one of the country's eight uniformed services. The service is a maritime, military, ...

, through the Office of the Judge Advocate General in Washington, the Legal Service Command, offices in the Atlantic and Pacific Areas, nine Coast Guard Districts, the Coast Guard Academy, three training centers, and a number of other activities and commands. Legal services are delivered by Coast Guard judge advocates and civilian counsel in ten legal practice areas:

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal ...

military justice Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodi ...

, operations, international activities, civil advocacy,

environmental law Environmental law is a collective term encompassing aspects of the law that provide protection to the environment. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the manage ...

procurement Procurement is the method of discovering and agreeing to terms and purchasing goods, services, or other works from an external source, often with the use of a tendering or competitive bidding process. When a government agency buys goods or se ...

law, internal organizational law,

regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...

s and

administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), ...

, legislative support and legal assistance.

Military Justice

The Coast Guard is subject to the

Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...

. Coast Guard judge advocates serve as defense counsel and prosecutors for military courts-martial and as military judges at the trial and appellate level. Judge advocates assigned as appellate counsel (both for the government and defense) brief and argue cases before the

Coast Guard Court of Criminal Appeals The Coast Guard Court of Criminal Appeals (CGCCA) is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Washington, DC. The Court was established under Article 66, Uniform Code of Military Justi ...

, the

United States Court of Appeals for the Armed Forces The United States Court of Appeals for the Armed Forces (in case citations, C.A.A.F. or USCAAF) is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other person ...

, and the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

. Coast Guard attorneys serve as Staff Judge Advocates to Coast Guard commanders providing advice on military criminal matters.

Operations

Coast Guard attorneys act as legal counsel and enforcement guidance in key Coast Guard mission areas, including maritime

homeland security Homeland security is an American national security term for "the national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and ways of life can thrive" to ...

, enforcement of laws and treaties, particularly drug trafficking laws, fisheries laws,

customs Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs ...

laws, environmental laws, and

immigration law Immigration law refers to the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although th ...

intelligence Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. More generally, it can be ...

search and rescue Search and rescue (SAR) is the search for and provision of aid to people who are in distress or imminent danger. The general field of search and rescue includes many specialty sub-fields, typically determined by the type of terrain the search ...

icebreaker An icebreaker is a special-purpose ship or boat designed to move and navigate through ice-covered waters, and provide safe waterways for other boats and ships. Although the term usually refers to ice-breaking ships, it may also refer to smaller ...

operations, intelligence law; national security and defense operations, marine environmental protection; port safety and

security Security is protection from, or resilience against, potential harm (or other unwanted coercive change) caused by others, by restraining the freedom of others to act. Beneficiaries (technically referents) of security may be of persons and social ...

, including Captain of the Port functions and homeland security, maritime defense zone responsibilities, and other Coast Guard missions as well as in the following general areas: vessel inspection and commercial vessel safety;

merchant vessel A merchant ship, merchant vessel, trading vessel, or merchantman is a watercraft that transports cargo or carries passengers for hire. This is in contrast to pleasure craft, which are used for personal recreation, and naval ships, which are ...

personnel, including review of appeals by merchant seamen of suspension and revocation orders entered by

Administrative Law Judge An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of e ...

s; investigations of marine casualties and violations of law by merchant mariners; appeal adjudication for civil penalty cases; determines the

navigability A body of water, such as a river, canal or lake, is navigable if it is deep, wide and calm enough for a water vessel (e.g. boats) to pass safely. Such a navigable water is called a '' waterway'', and is preferably with few obstructions against ...

of U.S. waters.

International Activities

Coast Guard attorneys serve as advisers or representatives of the United States at most of the several bodies of the

International Maritime Organization The International Maritime Organization (IMO, French: ''Organisation maritime internationale'') is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference ...

(IMO), headquartered in

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

, including the Assembly, the Facilitation Committee, the Marine Safety Committee, the Safety of Navigation subcommittee and the Radio-communications and Search and Rescue subcommittee and the Legal Committee. The principal and alternate U.S. Representative to the IMO Legal Committee are Coast Guard attorneys. A Coast Guard judge advocate is assigned as liaison to the

United States Department of State The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...

, and another is attached to the

United States Department of Defense The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national secur ...

Institute for International Legal Studies. Judge advocates have also served in Iraq and Afghanistan and deploy for international training missions with the Coast Guard and the Department of Defense.

Civil Advocacy, Claims, and Litigation

Coast Guard attorneys actively manage an extensive claims program under several federal statutes. These involve not only adjudicating claims made against the agency, but also collecting monies owed the government due to penalties assessed for violations of federal law, for damage to Coast Guard property, and for cleanup and recovery costs. Coast Guard attorneys are actively involved in a wide variety of civil litigation, from simple

tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishab ...

defense to

constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...

challenges. Coast Guard judge advocates are assigned to litigating divisions in the

United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...

, and other judge advocates serve as full and part-time special assistant United States Attorneys in several locations.

Procurement Law

Coast Guard attorneys in the Office of Procurement Law at the Coast Guard headquarters, in the Surface Forces Logistics Center (formerly the Maintenance and Logistics Commands), and in some field legal offices, provide contract law advice to management, technical, and contracting officials at all levels of the Coast Guard. This ranges from daily advice to field-level contracting officers to advice on major construction, acquisition, and procurements. Advice is provided from the earliest planning stages of procurement through contract negotiation and award as well as through contract administration, which may include action on claims and contract litigation.

Environmental and Property Law

Legal services are provided in support of Coast Guard compliance with federal, state and local environmental requirements. Lawyers advise field commanders, program managers and Headquarters units, regarding federal, state and local requirements that may affect or constrain Coast Guard activities. They represent the Coast Guard, either directly or through the Department of Justice, in environmental enforcement actions against the Coast Guard, environmental citizen suits, and challenges to Coast Guard activities brought under environmental statutes. Legal counsel is provided on matters involving the acquisition, maintenance and disposition of real property including leases and licenses.

Internal Organizational Law

This practice area encompasses a wide range of legal subjects with perhaps the largest number of clients of any of the practice areas. Coast Guard attorneys provide legal advice on issues including federal fiscal law, gift acceptance and standards of ethical conduct for government employees, management, acquisition and disposal of real property, military and civilian personnel law, civil rights, health care, privacy and the release of information. To some extent, Coast Guard attorneys do this work wherever they are. Attorneys at the Office of General Law at Headquarters and at the Maintenance and Logistics Commands provide advice and represent the Coast Guard on matters involving the Merit Systems Protection Board,

Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...

, and labor relations. The Office of Military Justice is involved in two personnel law areas: the Board of Correction of Military Records and representation of Coast Guard members in physical disability cases.

Regulations and Administrative Law

Responsible for the legal sufficiency, format, style, and publication of Coast Guard rulemaking documents and notices in the Federal Register and placement in the

Code of Federal Regulations In the law of the United States, the ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States ...

of all Coast Guard public regulatory documents and related rulemaking matters under the statutory authority of the

Commandant of the Coast Guard The commandant of the Coast Guard is the service chief and highest-ranking member of the United States Coast Guard. The commandant is an admiral, appointed for a four-year term by the president of the United States upon confirmation by the Unit ...

. The office provides legal counsel, review, drafting assistance and other support services for all rulemaking activities by Coast Guard Headquarters and field managers. Serves as Legal Counsel to the Coast Guard Marine Safety and Security Council, which is the senior oversight body for Coast Guard rulemaking actions and provides Executive Secretary and administrative services to the council. This office is also responsible for legal advice on matters dealing with the Federal Advisory Committee Act.

Legislation

Drafting, reviewing and coordinating the clearance of the legislative program for the Coast Guard, usually in the form of the annual Coast Guard authorization bill for future fiscal years. The office coordinates agency review of pending legislation, Congressional testimony, proposed executive orders, and other agencies' reviews of pending legislation. Draft departmental reviews letters and provide Coast Guard comments regarding draft statements of Administration policy on pending legislation.

Legal Assistance

The Coast Guard, as do the other military services, provides personal legal services to eligible beneficiaries. This program, provided in accordance with Section 1044 of

Title 10 of the United States Code Title 10 of the United States Code outlines the role of armed forces in the United States Code. It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense. Ea ...

, makes attorneys available to provide advice, counsel and in some cases representation on many civil legal matters including

estate planning Estate planning is the process of anticipating and arranging, during a person's life, for the management and disposal of that person's estate during the person's life, in the event the person becomes incapacitated and after death. The planning inc ...

, financial issues, landlord/tenant and personal real property, domestic/family law, application of the Servicemembers Civil Relief Act and other federal laws impacting military personnel in the civilian community, and taxes.

Judge Advocates General of the Coast Guard

*RADM Melissa Bert (May 2020 - Present) *RADM Steven J. Andersen (July 2016 – May 2020) *RADM Steven D. Poulin (April 2014-May 2016) *RADM Frederick J. Kenney (Jan 2011–April 2014) *Mr. Calvin M. Lederer ''(acting)'' (April 2010 - January 2011) *RADM William D. Baumgartner (2006 – 2010) *RADM John E. Crowley (2003 - 2006) *RADM Robert F. Duncan (2001 - 2003) *RADM Jay S. Carmichael (1999 - 2001) *RADM John E. Shkor (1998 - 1999) *RADM Paul M. Blayney (1996 - 1998) *RADM John E. Shkor (1993 - 1996) *RADM Paul E. Versaw (1991 - 1993) *RADM Joseph Vorbach (1986 - 1991) *RADM E.H. Daniels (1981 - 1986 *RADM C.F. DeWolf (1978 - 1981) *RADM G.H.P. Bursley (1976 - 1978) *RADM R.A. Ratti (1973 - 1976) *RADM William L Morrison (1968 - 1973) *Kenneth F. Harrison (1938 - 1967) *Joseph P. Tanney (First Chief Counsel - 1938)

Deputy Chief Counsels/Deputy Judge Advocates General of the Coast Guard

*Mr. Calvin M. Lederer (2002–Present) *Mr. Robert S. Horowitz (1997 - 2002) *Mr. Rue Hesel ( - 1997) *Capt William L Morrison (1967 - 1968)

References

External links

History of the U.S. Coast Guard Legal Program
{{US Coast Guard navbox United States Coast