July 2002

New APR 8(g): Rendering Legal Services to Members of the Military

by Captain Bruce M. MacDonald

Over the last 50 years, the military services, through their legal assistance programs, have provided no-cost legal services to military members and their families in order to enhance military readiness, morale and discipline. Throughout the United States and around the world, wherever our military forces are deployed, military lawyers assist eligible legal-assistance clients in drafting and executing wills, powers of attorney, health-care directives, and other legal documents. They also assist clients in divorce, adoption and name-change proceedings; child-support and paternity claims; landlord-tenant disputes; consumer-protection issues; and garnishment and other debt-related problems.

Most legal assistance is provided to clients within the confines of military bases and encampments, or on board ships. In Washington, military lawyers provide legal advice to clients, draft and execute legal documents, or write letters on their behalf. In many instances, military lawyers may also negotiate settlements with lawyers representing opposing parties, or require clients to seek private legal counsel to assist them in court.

Unfortunately, many military members and their families often do not have the funds to hire lawyers, and many are further disadvantaged by being stationed at a site far removed from the states in which their legal problems need to be resolved. In order to address this problem, each of the military services, to varying degrees, and depending on staffing and applicable state laws, has authorized an Expanded Legal Assistance Program (ELAP) for military members and their families.

ELAP frequently includes two types of services. The most common type involves assisting clients with drafting pleadings in defense of actions being brought against them in state courts, as well as in pursuing actions on their behalf. Assisting clients who are representing themselves in court, particularly in defense of actions being brought against them, may occur at great distances from the court in which the legal action is pending. Without any assistance, military members would frequently suffer default judgments, despite the availability of the Soldiers' and Sailors' Civil Relief Act to protect their rights in these proceedings.

The second type of ELAP service, and the one primarily addressed by the recently enacted Admission to Practice (APR) Rule 8(g), Special Admissions Exception for Military Lawyers, involves in-court representation. Again, depending on staffing and applicable state laws, military lawyers sometimes enter appearances on behalf of military members and their families in state court proceedings.

Where the military lawyer is a member of the state bar in question, there is no problem. However, military lawyers, like other service members, are frequently reassigned from one military base to another, and often are not members of the bar in the state where they are providing legal assistance. Some states have implemented rules or passed laws to authorize in-court representation by military lawyers not admitted to the bars of their states (e.g., Florida, Illinois). On February 7, 2002, Washington joined those states when the Washington State Supreme Court unanimously adopted APR 8(g), which became effective on March 5, 2002.

APR 8(g) allows a lawyer who is admitted to practice law in a state or territory of the United States or the District of Columbia, and who is a full-time, active-duty military officer serving in the office of a staff judge advocate of the U.S. Navy, Marine Corps, Army, Air Force or Coast Guard; Naval Legal Service Office; or Trial Service Office located in Washington, to receive a limited license to practice law as a military lawyer in Washington.

Military lawyers admitted pursuant to the rule may represent the military's most junior enlisted personnel, active-duty service members E-1 through E-4 and their dependents, in noncriminal matters to the extent such representation is permitted by the supervisory staff judge advocate or commanding officer of the Naval Legal Service Office or Trial Service Office. Other active-duty military personnel and their dependents may be represented if approved by the service judge advocate general, or his or her designee, upon a showing of financial need or hardship. Military lawyers admitted pursuant to this rule may not demand or receive any compensation from clients.

Applicants for admission under APR 8(g) must be of good moral character; file an admission application; and, prior to admission, complete at least 15 credit hours of approved continuing legal education on Washington practice, procedure and professional responsibility.

Ken Luce, chair of the WSBA Legal Services to the Armed Forces Committee (LSAF), committee members, armed forces members, and WSBA staff who drafted APR 8(g) envisioned a rule that would significantly improve access to justice and legal services to one of the most deserving segments of American society — our young men and women in uniform who willingly defend our freedoms both at home and abroad. Specifically tailored to serve junior enlisted personnel E-1 through E-4, the rule effectively expands the pool of attorneys available to provide pro bono services in Washington, allowing military attorneys not licensed in Washington to represent junior military members in Washington courts.

John Morgan, past-president of the Kitsap County Bar Association, which serves sailors and Marines stationed at Puget Sound Naval Shipyard, Naval Station Bremerton, and Naval Submarine Base Bangor, recently stated that the rule "will help relieve a growing burden on the Kitsap County Volunteer Attorney Services to provide representation to the county's indigent population, since it will remove from their rolls the low-income portion of the active duty military and dependent population which qualifies for and continues to utilize such services."

In addition to the Kitsap County Bar Association, the LSAF Committee received strong support for the rule from the Pierce, Snohomish and Island County bar associations, all of which have major Army, Navy and Air Force installations in their counties. APR 8(g) was also enthusiastically endorsed by the American Bar Association's Legal Assistance to Military Personnel Committee (LAMP), the Access to Justice Board, the WSBA Family Law Section, the Superior Court Judges' Association, and the District and Municipal Court Judges' Association.

On November 30, 2001, the WSBA Board of Governors voted unanimously to recommend adoption of the rule on an expedited basis to the Washington State Supreme Court, which unanimously adopted the rule on February 7, 2002.

In the coming months, military attorneys from all services who are stationed in Washington will begin attending CLE classes to qualify for limited admission to the Washington State Bar under APR 8(g). Once admitted, they will begin serving the young men and women of our armed forces who sacrifice so much for us all.

The Legal Services to the Armed Forces Committee (LSAF) is proposing the formation of a new WSBA section. The purpose of the section will be to promote the objectives of the WSBA with respect to the armed forces of the United States; to establish and maintain close and effective liaison between the WSBA and the armed forces; to be a clearinghouse of information for any WSBA member concerned with questions about military representation; and to better serve the legal needs of military service members stationed in Washington. If you are interested in joining this section, please contact Ken Luce at 253-922-8724 or guardhi@aol.com. See the LSAF Web page at www.wsba.org/lawyers/groups/legalsvsaf/.

• Rule 8g Special Admissions (Military Lawyers) FAQ