This program is eligible for 3 hours of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 3.6 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
Representing a service member is not simply civilian criminal or employment law in a different setting. This program gives civilian attorneys a practical roadmap to the unique world of military justice—from understanding the chain of command and UCMJ jurisdiction to navigating courts-martial and working effectively with military defense counsel.
Protect More Than the Client’s Career
Administrative actions can quietly—and sometimes permanently—derail a service member’s career and post-military future. Learn how to evaluate Non-Judicial Punishment, defend administrative separation proceedings, respond to GOMORs, and assess the collateral consequences of discharge characterizations, including impacts on VA benefits, GI Bill eligibility, and security clearances. Most importantly, discover the critical practice pitfalls civilian counsel need to recognize before making a decision that could change a client’s life.
The Agenda:
Decoding the Matrix – The DoD, Command Authority, and Military Culture
In civilian practice, you negotiate with a prosecutor who answers to voters or a DA. In the military, you negotiate with a Line Commander—a combat leader, pilot, or ship captain. They authorize the search, they order the arrest, they decide what charges to prefer, and they select the jury pool (panel). You are not dealing with a lawyer; you are dealing with an executive who views your client's misconduct as a threat to their unit's lethality and discipline.
- Basic structure of the Department of Defense and distinguishing features of each branch
- Legal and practical power of the Military Commander.
- Jurisdictional triggers under the Uniform Code of Military Justice (UCMJ).
- How an understanding of rank structure and unique psychological stressors will help you communicate effectively with military clients
The UCMJ – Military Criminal Justice
In the civilian world, a grand jury is a secret, one-sided affair where the prosecutor controls the room and you aren't invited. In the military, an Article 32 Preliminary Hearing is an open proceeding where you get to cross-examine the government's witnesses, lock in testimony under oath, and test your theories before a neutral hearing officer. It is the greatest discovery tool in American criminal law.
- Navigating the Manual for Courts-Martial (MCM) and identifying uniquely military offenses.
- The lifecycle of a court-martial from apprehension to referral.
- The Summary, Special, and General Courts-Martial and unique aspects of each.
- Collaborating effectively with military defense counsel.
The Silent Career Killers – Administrative Punishments
In a court-martial, you have the Military Rules of Evidence protecting your client. In an Administrative Separation board, the standard is preponderance of the evidence, and the MREs generally do not apply. The government can—and will—introduce unsworn police reports, hearsay statements, and text messages. Your job isn't always to prove innocence; often, your job is to fight for a "General" or "Honorable" characterization on the way out the door so they don't lose their GI Bill.
- Risks and benefits of accepting Non-Judicial Punishment (NJP).
- How to defend service members at Administrative Separation (Chapter/Board) hearings.
- Drafting effective rebuttals to Letters of Reprimand (GOMORs).
- Collateral consequences of administrative discharges.
Presented in partnership with the PBA Military and Veterans' Affairs Committee.
Faculty
Stephanie Barna, Esq.
Stephanie Barna is Of Counsel at Covington & Burling LLP in Washington, D.C., where she draws on more than three decades of military and government service to advise clients navigating complex policy, legislative, and political challenges in the aerospace, defense, and national security sectors. Before joining Covington, Stephanie held senior leadership positions in Congress and the Department of Defense. Most recently, she served as General Counsel of the Senate Armed Services Committee, where she oversaw legal matters associated with the annual National Defense Authorization Act, Senate confirmation of senior military and civilian leaders, and congressional investigations. Previously, Stephanie served as Principal Deputy Assistant Secretary of Defense for Manpower and Reserve Affairs and was subsequently appointed to perform the duties of the Under Secretary of Defense for Personnel and Readiness, overseeing programs and resources exceeding $35 billion. She also held several senior positions in the Office of the Army General Counsel, including Deputy General Counsel for Operations and Personnel, advising three Secretaries of the Army on matters ranging from military operations and personnel policy to institutional reform and complex investigations. Stephanie retired as a Colonel in the U.S. Army Judge Advocate General’s Corps, having served in a variety of operational and legal assignments, including with the U.S. Army Special Forces Command (Airborne). Stephanie is a Fellow of the National Academy of Public Administration and serves on the Boards of Directors of the National Defense Industrial Association and the Leadership Council for Women in National Security.
Martha L. Foss, Esq.
Martha Foss has more than 30 years of experience as a former active-duty and now retired Army Colonel and Judge Advocate. During that time, she has held senior legal advisory positions including as the Staff Judge Advocate, Army Aviation and Missile Command, Huntsville; During her time in those positions, Martha gained significant experience in with litigation, complex investigations, administrative law, compliance/risk, federal employment law, federal procurement contracting, government ethics, and environmental, and governance matters. Leaning on her significant experience, Martha counsels currently serving members of the Armed Services facing adverse administrative processes military commanders are increasingly using, such as: administrative, criminal, and inspector general investigations, adverse performance reviews, positive urinalysis, non-judicial punishment, removal from command and positions of responsibility, formal reprimands, loss or suspension of security clearances, CID/NCIS/OSI titling, and administrative separation boards.
Christopher Nuneviller, Esq.
Christopher Nuneviller is a founding partner of MNB Meridian Law, Ltd. and the managing partner for the firm’s Philadelphia office. Christopher focuses his practice on small and mid-sized business owners, investors and shareholders, and their success through smart formation, organization, governance, routine and special operations, and growth toward IPO. As a small business owner in several ventures himself, Christopher understands the pressure to succeed and be profitable, while staying level headed for his clients, employees, family, and business partners. As a Veteran, Christopher also assists currently serving members of the Uniformed Services as they challenge the adverse administrative punishments military commanders use to “save” their commands and their careers, such as: administrative, criminal, and inspector general investigations, bad evaluations, positive urinalysis, non-judicial punishment, removal of special designations and positions, reprimands, removal from positions, loss of security clearances, titling, and administrative separation boards. Christopher’s background includes practicing securities, venture capital, emerging business, military, and government regulatory law. He served as inhouse and general counsel, a contractor to the federal government, a federal government senior level executive, and a C-Suite executive. He is also a former U.S. Army Judge Advocate, having served seven years in Washington, D.C., where he gained significant experience with above-the-fold matters of great import and an unhealthy insight into the internal workings of the beltway underbelly.
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