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Defending the Defender: A Civilian Attorney’s Guide to Military Justice and Administrative Actions 2026


  • City:
  • Start Date:2026-12-02 13:00:00
  • End Date:2026-12-02 16:15:00
  • Length:
  • Level:Intermediate
  • Topics:Veterans

$299.00 ProPass

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 draws on over three decades of U.S. military and government service to provide advisory and advocacy support and counseling to clients facing policy and political challenges in the aerospace and defense sectors.
Prior to joining the firm, Stephanie was a senior leader on Capitol Hill and in the U.S. Department of Defense (DoD). Most recently, she was General Counsel of the Senate Armed Services Committee, where she was responsible for the annual $740 billion National Defense Authorization Act (NDAA). Additionally, she managed the Senate confirmation of three- and four-star military officers and civilians nominated by the President for appointment to senior political positions in DoD and the Department of Energy’s national security nuclear enterprise, and was the Committee’s lead for investigations. Previously, as a senior executive in the Office of the Army General Counsel, Stephanie served as a legal advisor to three Army Secretaries. In 2014, Secretary of Defense Chuck Hagel appointed her to be the Principal Deputy Assistant Secretary of Defense for Manpower and Reserve Affairs. In that role, she was a principal advisor to the Secretary of Defense on all matters relating to civilian and military personnel, reserve integration, military community and family policy, and Total Force manpower and resources. Stephanie was later appointed by Secretary of Defense Jim Mattis to perform the duties of the Under Secretary of Defense for Personnel and Readiness, responsible for programs and funding of more than $35 billion. Stephanie was also previously the Deputy General Counsel for Operations and Personnel in the Office of the Army General Counsel. She led a team of senior lawyers in resolving the full spectrum of issues arising from Army wartime operations and the life cycle of Army military and civilian personnel. Stephanie was also a personal advisor to the Army Secretary on his institutional reorganization and business transformation initiatives and acted for the Secretary in investigating irregularities in fielding of the Multiple Launch Rocket System and classified contracts. She also played a key role in a number of high-profile personnel investigations, including the WikiLeaks breach. Prior to her appointment as Deputy, she was Associate Deputy General Counsel (Operations and Personnel) and Acting Deputy General Counsel. Stephanie is a retired Colonel in the U.S. Army and served in the U.S. Army Judge Advocate General’s Corps as an Assistant to the General Counsel, Office of the Army General Counsel; Deputy Staff Judge Advocate, U.S. Army Special Forces Command (Airborne); Special Assistant to the Assistant Secretary of the Army (Manpower & Reserve Affairs); and General Law Attorney, Administrative Law Division. Stephanie was selected by the National Academy of Public Administration for inclusion in its 2022 Class of Academy Fellows, in recognition of her years of public administration service and expertise.

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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