- U.S. Coast Guard Legal Division
The Coast Guard Office of Judge Advocate General is a full-service legal support organization, providing legal advice and counsel for any and all requirements the service’s decision makers choose. This is done within ten general legal practice areas:
criminal law/military justice, operations, international activities, civil advocacy, environmental law, procurementlaw, internal organizational law, regulations and administrative law, legislative support and legal assistance.
Criminal law/military justice
The Coast Guard is subject to the
Uniform Code of Military Justice. The Chief Counsel is designated the Coast Guard's Judge Advocate General (senior military attorney) and military law specialists serve as defense counsel and prosecutors for military courts-martial and as military judges at the trial and appellate level. Law specialists assigned as appellate counsel (both for the government and defense) brief and argue cases before the Coast Guard Court of Criminal Appeals, the United States Court of Appeals for the Armed Forces, and the Supreme Court of the United States.
Coast Guard attorneys serve as Staff Judge Advocates to Coast Guard commanders providing advice on military criminal matters.
Coast Guard attorneys act as legal counsel and enforcement guidance in key Coast Guard mission areas, including maritime
homeland security, enforcement of laws and treaties, particularly drug trafficking laws, fisheries laws, customslaws, environmental laws, and immigration law, intelligence, search and rescue, icebreakeroperations, intelligence law; national security and defense operations, marine environmental protection; port safetyand security, including Captain of the Port functions and homeland security, maritime defense zoneresponsibilities, and other Coast Guard missions as well as in the following general areas: vessel inspectionand commercial vesselsafety; merchant vesselpersonnel, including review of appeals by merchant seamenof suspension and revocation orders entered by Administrative Law Judges; investigations of marine casualties and violations of law by merchant mariners; appeal adjudication for civil penalty cases; determines the navigabilityof U.S. waters.
Coast Guard attorneys serve as advisers or representatives of the United States at most of the several bodies of the
International Maritime Organization(IMO), headquartered in London, 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.
Further, one Coast Guard attorney is currently assigned as liaison to the
United States Department of State, and another is attached to the United States Department of Defense Institute for International Legal Studies.
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 defense to constitutional challenges.
Two law specialists are assigned to the
United States Department of Justicewhere they provide Coast Guard experience to DOJ attorneys.
Coast Guard attorneys in the Office of Procurement Law at the Coast Guard headquarters, in the two 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, 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 Resgister and placement in the
Code of Federal Regulationsof all Coast Guard public regulatory documents and related rulemaking matters under the statutory authority of the Commandant of the Coast Guard. 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.
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.
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, makes attorneys available to provide advice, counsel and in some cases representation on many civil legal matters including estate planning, financial issues, landlord/tenant and personal real property, domestic/family law, application of the Servicemembers Civil Relief Actand other federal laws impacting military personnel in the civilian community, and taxes.
Judge Advocate General's Corps
Coast Guard Investigative Service
Coast Guard Intelligence
* [http://www.uscg.mil/Legal/practice.htm Practice in the U.S. Coast Guard Legal Division]
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