§ 726.8 Reports and supervision of trust

ees.

(a) Annual accounting report. The trustee designated under this part shall submit accounting reports annually or at such time as the AJAG(CL) may desire. The reports shall show all funds received from the Navy or Marine Corps in behalf of the incompetent, all expenditures made in behalf of the incompetent, and a statement of the condition of the trustee account at the time of the submission of the report. When requested by the AJAG(CL), it shall be accompanied by receipts, canceled checks, or vouchers covering expenditures. If the trustee fails to report promptly at the end of any annual reporting period, or at such other time as the AJAG(CL) desires, the AJAG(CL) may, in his discretion, cause further payments to such trustee to cease and may, if deemed advisable, designate a successor trustee, not under legal disability, to receive the future payments of moneys due the incompetent. Upon request of the AJAG(CL), the trustee shall furnish for examination all bank statements of the trustee checking accounts, trustee savings account pass books or trustee savings account bank statements, or other records concerning the trustee account.

(b) Termination of payments to trustee. Payments due an incompetent member shall cease to be paid to the trustee upon receipt of notification by the disbursing officer; Commanding Officer, U.S. Navy Finance Center (Retired Pay Department); or Commanding Officer Marine Corps Finance Center (Retired Pay Division) of the occurrence of any of the following:

(1) Death of the incompetent;

(2) Death or disability of the trustee appointed;

(3) Receipt of notice that a committee, guardian, or other legal representative has been appointed for the incompetent by a court of competent jurisdiction;

(4) Receipt of notification from the AJAG(CL) of the failure of a trustee to render any of the required reports;

(5) Receipt of notification by the AJAG(CL) that there is probable cause to believe that there is improper

use of moneys received on behalf of the incompetent;

(6) Receipt of notification from the AJAG(CL) that a board of medical officers or other appropriate medical authorities have found the former incompetent mentally capable of managing his own affairs. (The AJAG(CL) may, at his discretion accept the findings of a Veterans' Administration hospital or of a Public Health Service hospital, or the findings of other public or private institutions, that a person formerly found incompetent is now competent.); or

(7) Receipt of notification that the AJAG(CL) deems it to be in the best interest of the incompetent.

In the event of termination of payments under subparagraph (2), (4), (5), or (7) of this paragraph, the AJAG(CL) may appoint a successor trustee under the provisions of this part.

(c) Notification by the disbursing officer to the AJAG(CL) of all payments made to trustee. The disbursing officer carrying the active-duty pay account of an incompetent shall report to the AJAG(CL) all payments made to a trustee and shall notify the AJAG(CL) when the accounts of the incompetent have been transferred to another activity.

(d) Notification to the AJAG(CL) of change in status of the pay account of the incompetent. The Commanding Officer U.S. Navy Finance Center (Retired Pay Department), and the Commanding Officer Marine Corps Finance Center (Retired Pay Division) shall notify the AJAG(CL) if the retired pay is waived, in whole or in part, in favor of Veterans Administration compensation. In addition, the respective officers shall notify the AJAG(CL) of any other change in the status of the retired-pay account of the incompetent, such as caused by death, or the appointment of a legal guardian, committee, or other legal representative by a court of competent jurisdiction. Said officer shall furnish the AJAG(CL) with a report as to the amount of pay paid trustees annually, or as requested, or at the time of a change in the status of the trusteeship.

[35 FR 13083, Aug. 18, 1970, as amended at 41 FR 26853, June 30, 1976]

§ 726.9 Requirement that a trustee shall file a final accounting report.

When payments under this part are terminated, the trustee shall file a final accounting report with the AJAG(CL). When the final accounting report has been approved, the trustee shall be discharged by the AJAG(CL) and the surety released on its bond. In the event of death or disability of a trustee, the final accounting report shall be filed by his legal representative.

[35 FR 13083, Aug. 18, 1970, as amended at 41 FR 26853, June 30, 1976]

§ 727.1 Purpose.

A legal assistance program providing needed legal advice and assistance to military personnel and their dependents has been in operation in the naval service since 1943. The program has improved the morale of personnel and reduced disciplinary problems since its inception. The purpose of this part is to provide guidelines for the continuation of the program.

8727.2 Policy.

Personal problems that remain unresolved adversely affect morale and efficiency and frequently result in behavior requiring disciplinary action. Prompt and understanding aid in resolving these problems is an effective preventative. Accordingly, it is the policy of the Department of the Navy to maintain from available resources a legal assistance program to make eligible persons aware of their legal rights and obligations and to assist military personnel and their dependents in obtaining adequate legal advice and services from within the military service.

§ 727.3 Legal assistance officers.

All Navy and Marine Corps judge advocates on active duty or inactive duty for training, and all civilian lawyers under the cognizance of the Judge Advocate General who are members of the bar of a Federal court or of the highest court of any State, or, in foreign countries, who are authorized to practice law in the courts of the country concerned, are legal assistance officers. While performing legal assistance duties, legal assistance officers shall be guided by the Canons, Ethical Considerations, and Disciplinary Rules of the Code of Professional Responsibility of the American Bar Association and the Canons of Professional Ethics and supplemental Federal Ethical Considerations of the Federal Bar Association. Persons who are authorized to practice law in the courts of a foreign country shall be guided by similar standards which have been promulgated for the guidance of lawyers in the country concerned.

[41 FR 26863, June 30, 1976]

§ 727.4 Legal assistance offices.

(a) Establishment of Offices. A legal assistance office shall be established at each Naval legal service office and at each Marine Corps command exercising general court-martial jurisdiction. In addition, any commanding officer having a legal assistance officer attached, assigned, or available to his command may establish a legal assistance office. The legal assistance office shall be disestablished when no person qualified to perform legal assistance duties is attached, assigned, or available to the command. Whenever a legal assistance office is established or disestablished, the Judge Advocate General shall be notified.

(b) Location. Each legal assistance office should be conveniently located so as to be easily accessible to all persons eligible for legal assistance, and should be provided with facilities which will enable private consultation with legal assistance clients. Information as to the location and hours of the legal assistance office and the nature of the services available shall be published periodically in local directives and posted in appropriate conspicuous places.

(c) Legal assistance reference material. The Judge Advocate General will, from time to time, furnish directly to legal assistance offices such professional information, reference material, and procedural suggestions and recommendations as he may deem advisable to enable legal assistance officers to render legal assistance services. Reference materials and publications so furnished are the property of the Office of the Judge Advocate General and shall remain in the legal assistance office and be carefully preserved. If the legal assistance office is disestablished, all such material shall be returned to the Judge Advocate General.

(d) Action to be taken by commands not having a legal assistance office. All commands shall maintain in a convenient location, and publish from time to time, a current list of the legal assistance offices serving the command and a list of local civilian lawyer-referral committees or services.

[38 FR 6026, Mar. 6, 1973, as amended at 41 FR 26863, June 30, 1976]

§ 727.5 Persons eligible for assistance.

Legal assistance shall be available to members of the Armed Forces of the United States and their dependents, and military personnel of allied nations serving in the United States, its territories or possessions. The service is intended primarily for the benefit of personnel during active service, but is to be extended to retired military personnel, their dependents, survivors of members of the Armed Forces who would be eligible were the service member alive, and in overseas areas, to civilians, other than local-hire employees, who are in the employ of, serving with, or accompanying the U.S. Armed Forces, and their dependents, when and if the workload of the office renders such service feasible.

§ 727.6 Functions of legal assistance offi

cers.

(a) Basic duties. A legal assistance officer, while performing legal assistance duties, in addition to performing any other duties which may be assigned to him:

(1) Shall counsel, advise, and assist persons eligible for assistance in connection with their personal legal problems, or refer such persons to a civilian lawyer as provided in § 727.9.

(2) Shall serve as advocate and counsel for persons eligible for assistance in connection with their personal legal problems and may prepare and sign correspondence on behalf of a client, negotiate with another party or his lawyer, and prepare all types of legal documents, including pleadings.

(3) Shall, in appropriate cases and under guidelines prescribed in the Manual of the Judge Advocate General contemplating agreements or liaison with appropriate civilian bar officials, serve as advocate and counsel for, and provide full legal representation including representation in court to, persons eligible for assistance in connection with their personal legal problems.

(4) Shall, subject to the direction of the senior legal assistance officer of the command, establish contact and maintain liaison with local bar organi

zations, lawyer referral services, legal aid societies, and other local organizations through which the services of civilian lawyers may be made available to military personnel and their dependents.

(5) Shall supervise the personnel and operation of the legal assistance office in accordance with good legal practice and the policies and guidance provided by the Judge Advocate General.

(6) Shall advise persons with complaints of discrimination on policies and procedures under the Civil Rights Act of 1964 and SECNAV Instruction 5350.5 series.

(b) Nature of assistance. Legal assistance officers and administrative and clerical personnel assigned to legal assistance offices perform legal assistance duties as official duties in the capacity of an officer or an employee of the United States. Persons performing legal assistance duties, however, should not mislead those with whom they may deal into believing that their views or opinions are the official views or opinions of, approved by, or binding on, the Department of the Navy or the United States.

(c) Duty to client. A legal assistance officer should exercise his independent professional judgment on behalf of his client within the standards promulgated in the Code of Professional Responsibility and the specific limitations imposed in this part.

[41 FR 26863, June 30, 1976]

§ 727.7 Limitations on service provided.

(a) Assistance in official military matters. Legal assistance duties are separate and apart from the responsibilities of a trial counsel, defense counsel, or other officer involved in the processing of courts-martial, nonjudicial punishment, administrative boards or proceedings, investigations, or other official military matters. Frequently, a serviceman accused or suspected of an offense or of conduct leading to administrative proceedings will request advice from the legal assistance officer. In such a case, he should be advised of the proper procedures for obtaining counsel or advice. This limitation does not prevent the

assignment of the same officer to perform the functions of a legal assistance officer and the functions of a defense counsel, counsel for a respondent, or counsel for a party.

(b) Domestic-relations cases. In domestic-relations cases, a legal assistance officer may, with the knowledge and consent of both parties, and where neither party is represented by counsel, consult both parties without impropriety.

(c) Nonlegal advice. The legal assistance officer, while giving legal advice, may also determine that the client needs or desires advice on related nonlegal matters. The legal assistance officer should provide legal advice only, or defer giving such advice, and refer the client to an appropriate person or agency for such nonlegal counseling. The legal assistance officer should establish and maintain a working relationship with those individuals who are qualified to provide nonlegal counseling services.

(d) Proceedings involving the United States. A legal assistance officer shall not advise on, assist in, or become involved with, individual interests opposed to or in conflict with the United States without the specific approval of the Judge Advocate General. In this connection see also 18 U.S.C. 201, and 18 U.S.C. 205.

(e) Telephone inquiries. In the absence of unusual or compelling circumstances, legal advice should not be given over the telephone.

[41 FR 26863, June 30, 1976]

§ 727.8 Confidential and privileged character of service provided.

All information and files pertaining to the persons served will be treated as confidential and privileged in the legal sense as outlined in Canon 4 of the Code of Professional Responsibility, as opposed to confidential in the military sense of security information. These privileged matters may not be disclosed to anyone by personnel rendering the service, except upon the specific permission of the person concerned, and disclosure thereof may not be lawfully ordered by superior military authority. This restriction does not prohibit providing the nonprivileged sta

tistical data required by § 727.13. Protection of the confidences of a legal assistance client is essential to the proper functioning of the legal assistance program in order to assure all military personnel, regardless of grade, rank, or position, that they may disclose frankly and completely all material facts of their problem to those rendering the service without fear that their confidence will be abused or used against them in any way. Administrative and clerical personnel assigned to legal assistance offices shall maintain the confidential nature of matters handled.

[38 FR 6026, Mar. 6, 1973, as amended at 41 FR 26864, June 30, 1976]

§ 727.9 Referrals to civilian lawyers.

(a) General. If it is determined that the legal assistance requested is beyond the scope of this part, or if no available legal assistance officer is qualified to give the assistance requested, the client should be referred to a civilian lawyer. When the client does not know of a lawyer whom he wishes to represent him, his case may be referred to an appropriate bar organization, lawyer referral service, legal aid society, or other local organization for assistance in obtaining reliable, competent, and sympathetic counsel, or to a civilian lawyer designated by such organization.

(b) Fees charged by civilian lawyers. Legal assistance clients being referred to a civilian lawyer should be advised that, even when the fee to be charged is set by statute or subject to court approval, it should be one of the first items discussed to avoid later misunderstandings and eliminate uncertainty. Legal assistance officers should exercise caution in discussing possible fees to be charged by civilian lawyers so as to avoid embarrassment or misunderstanding between the client and his civilian lawyer.

§ 727.10 Fees and compensation.

Military and civilian employees of the Navy are prohibited from accepting, directly or indirectly, any fee or compensation of any nature for legal services rendered to any person entitled to legal assistance under this part.

§ 727.11 Supervision.

The Judge Advocate General will exercise supervision over all legal assistance activities in the Department of the Navy. Subject to the supervision of the Judge Advocate General, the designated commanders set out in OPNAVINST 5800.6 (Subject: Law Centers; activation of), and all Marine Corps commanders exercising general court-martial authority, acting through their judge advocates, shall exercise supervision over all legal assistance activities within their respective areas of responsibility and shall insure that legal assistance services are made available to all eligible personnel within their areas. The Judge Advocate General will collaborate with the American Bar Association, the Federal Bar Association, and other civilian bar organizations as he may deem necessary or advisable in the accomplishment of the objectives and purposes of the legal assistance pro

gram.

§ 727.12 Communications.

Legal assistance officers are authorized to communicate directly with the Judge Advocate General, with each other, and with other appropriate organizations and persons concerning legal assistance matters.

§ 727.13 Reports.

Each legal assistance office shall, by the 10th day of January of each year, prepare and submit to the Judge Advocate General two copies of the Legal Assistance Report (NAVJAG 5801/3 Rev. 5-71)) covering the preceding calendar-year period. A final report shall be submitted on the disestablishment of the legal assistance office. Special reports shall be submitted when requested by the Judge Advocate General. Information copies of all reports shall be furnished to the supervising commander referred to in § 727.11. Reports symbol JAG-5801-1 is assigned for this reporting requirement.

§ 727.14 Files and records.

(a) Case files. The material contained in legal assistance case files is necessarily limited to private unofficial matters and such material is privi