Legal Assistance to Military Personnel Section
The WSBA Legal Assistance to Military Personnel (LAMP) Section addresses matters related to the rendition of appropriate and efficient legal service to members of the armed forces of the United States. Initially formed as a standing committee of the Washington State Bar Association in 1996, the LAMP Section was formed in October 2004.
Section Executive Committee Elections
The Section is conducting elections for open positions on the executive committee.
Voting is scheduled for June 6–19, 2022.
Candidate information, Open Positions, and Terms
For more information about the Section and its executive committee, please review the Section's bylaws.
Chair: two-year position beginning Oct. 1, 2022, and ending Sept. 30, 2024.
Candidate: Paul Apple
Vice-chair: two-year position beginning Oct. 1, 2022, and ending Sept. 30, 2024.
Candidate: Stephen Carpenter Jr.
Secretary/Treasurer: two-year position beginning Oct. 1, 2022, and ending Sept. 30, 2024.
Candidate: Eric McDonald
Historian: two-year position beginning Oct. 1, 2022, and ending Sept. 30, 2024.
Candidate: Daniel Russ
Questions? Contact firstname.lastname@example.org.
Feb. 21, 2022
~ Stephen Carpenter, Jr.
Earlier this month “military sexual trauma” (MST) was arguably identified as one of most troubling mental health ailments that a uniformed member may confront. Specifically, on 7 February 2022, the Secretary of the Army issued a broadly impactful directive allowing civilians (former Soldiers) to retrospectively request Line of Duty (LOD) Investigations. In other words, all former service members are now legally entitled to request the active-duty Sexual Assault Response Coordinator (SARC) to spearhead an investigation. In “founded” cases, such victims can receive a 70% disability rating, which is approximately $1,529 per month. This newly promulgated active-duty involvement will arguably significantly increase the speed by which such claims (arguably sidesteps the VA) are resolved.
In a nutshell, Army Directive 2022-04 amends Army Regulation (AR) 600-8-4, para. 2-2, which, according to the Secretary, failed to “clearly prescribe” the law. (emphasis added) Before this change AR 600-8-4, para. 2, had prohibited such former victims from requesting SARC involvement. Now the SARC must investigate, coordinate and then ultimately complete a Department of Army (DA) Form 2173 regarding whether a sexual assault occurred, even if the triggering incident occurred many years ago. Continuing on, the prior restrictive regulation read:
“At no time will an LOD be initiated, regardless of the circumstance(s), for a Soldier not in an authorized duty status at the time of injury, illness, disease, or death. A Soldier must be in an authorized duty status, as determined by the unit commander, before an LOD can be initiated.” Id. at para. 2-2 .
Despite the Secretary of the Army characterizing this old law as essentially “unclear,” what is clear, now, is victims of sexual assault have presently been given a powerful conduit to seek financial remedies by use of the active duty component. The key, if you will, to the active duty side, has now been handed over, it reads:
When a victim of sexual assault develops a condition of lasting significance and requires continued treatment while not in an active-duty status, an LOD determination is required. All sexual assault LOD requests will be initiated by the Sexual Assault Response Coordinator (SARC)….” Army Directive 2022-04, para. 5(b)(emphasis added).
As a direct result of this language, U.S. Army leadership, SARCs, and medical professionals can now be tasked to assess whether such “cold cases” warrant relief. (emphasis added) Notably, however, this new opportunity for relief does not relate to anyone other than sexual assault victims. For instance, Army Directive 2022-04 does not provide Army combat veterans with the opportunity to request such an active duty LOD. Thus, no matter what one may think about the propriety of the Secretary’s recent actions, if this “sexual assault” exception is made, surly combat veterans that suffer from the mental health issues must likewise deserve the right to request active duty support. In short, the Secretary of the Army could consider everyone that suffers from mental health problems post-separation, and not exclusively sexual assault victims.
LAMP General Meeting Schedule
Below is the schedule for LAMP General Meetings through the end of 2022. Each meeting directly precedes a Mini-CLE. Watch the WSBA events calendar for the topic and a registration link as each event date approaches!
Wednesday, Nov. 17, 10 a.m. followed by Mini-CLE on Discharge Upgrades at 11 a.m.
Thursday, Dec. 9, 3 p.m. (Executive Committee Meeting Only)
Thursday, March 10, 2022, 11 a.m. followed by Mini-CLE at 12 p.m.
Thursday, July 14, 11 a.m. followed by Mini-CLE at 12 p.m.
Thursday, Sept. 8, 11 a.m. followed by Mini-CLE at 12 p.m.
Thursday, Dec. 8, 11 a.m. followed by Mini-CLE at 12 p.m.
Webinar Series on Evictions Representation
LAMP supports, protects and legally empowers America’s current and past uniformed military members. Patriots should expect no less. As part of this responsibility, LAMP provided, in conjunction with the AGO OMVLA, a three-part Mini-CLE series which addressed the empowerment of Veterans, through their counsel, in cases in which they erroneously face eviction from their homes. All Veterans deserve to have a home; the law, through dedicated professionals, should ensure it.
As such, we earnestly invite you to carefully listen to Part 1 of this insightful Mini-CLE series, which is available below. Part 1 analyzes the applicable legislations. Part 2 addresses the processes specific to eviction law, and Part 3, winning strategies at show cause hearings. Veterans deserve legal protection, and you, as advocates, are uniquely positioned to make a major difference in their lives, as they once, not long ago, did for you, and your family.
Part 1: Understanding the Changing Legal Landscape and How the Legal Community Can Help Veterans and Servicemembers at Risk of Being Evicted
This webinar, presented on June 25, 2021, reviews how the new legislation impacts the eviction process (RCW 59.12) and how it amended the Residential Landlord Tenant Act in Washington State (RCW 59.18). The webinar also provides information on opportunities to help veterans and service members at risk of being evicted.
Joyce Bruce, Attorney General’s Office of Military and Veteran Legal Assistance, Seattle
Scott Crain, Northwest Justice Project, Seattle
This link is not accredited for CLE credit and is available for viewing for up to one year after the live event date (June 25, 2021).
LAMP in the News!
See the Section Spotlight feature in the November 2020 issue of Washington State Bar News:
SHB 1170 (parenting plans based on military service)
The following resources include information describing issues affecting military personnel. Lawyers, businesses, and members of the public will find help regarding reserve and active military personnel in all branches of service.
WSBA recommends that military personnel visit their base JAG office for specific information regarding particular questions.
Chair: Stephen Carpenter Jr. (2020-2022)
Vice Chair: Paul Apple (2020-2022)
Secretary-Treasurer: Eric McDonald (2021-2022)
Immediate Past Chair: Eric McDonald (2020-2022)
Historian: Daniel Russ (2020-2022)
Legislative Committee Chair: Jeff Coats (2020-2022)
Law School Liaison*: Craig Allen (2020-2022)
Young Lawyer Liaison*: Madison Burke (2021-2023)
Board of Governors Liaison*: Hunter Abell (2021-2022)
Northwest Justice Project Liaison*: Adam Chromy
* Nonvoting member
Please contact subcommittee member for details on their upcoming meeting dates and locations.
To join the section list serve and for more general section questions, please send your email address and Bar number to email@example.com. For more information and to get involved with the section, please contact the current section chair, Stephen Carpenter Jr.