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The Army Lawyer, July 2012

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The Army Lawyer, July 2012 THE ARMY LAWYER Headquarters, Department of the Army July 2012 ARTICLES A Justi ce Manager’s Guide to Navigati ng High Profi le Cases Major Nathan J. Bankson TJAGLCS FEATURES Lore of the Corps An Offi cer Candidate School for Army Lawyers? The JAG Corps Experience (1943–1946) USALSA REPORT Trial Judiciary Note A View from the Bench: Claiming Privilege Against Self-Incriminati on During Cross-Examinati on Lieutenant Colonel Fansu Ku BOOK REVIEWS The Good Soldiers Reviewed by Major Thomas L. Clark CLE NEWS CURRENT MATERIALS OF INTERESTS Department of the Army Pamphlet 27-50-470 Editor, Captain Takashi Kagawa Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly The Judge Advocate General’s School, U.S. Army. The Army Lawyer by The Judge Advocate General’s Legal Center and School, Charlottesville, welcomes articles from all military and civilian authors on topics of interest to Virginia, for the official use of Army lawyers in the performance of their military lawyers. Articles should be submitted via electronic mail to legal responsibilities. Individual paid subscriptions to The Army Lawyer are [email protected]. Articles should follow The available for $45.00 each ($63.00 foreign) per year, periodical postage paid at Bluebook, A Uniform System of Citation (19th ed. 2010) and the Military Charlottesville, Virginia, and additional mailing offices (see subscription form Citation Guide (TJAGLCS, 17th ed. 2012). No compensation can be paid for on the inside back cover). POSTMASTER: Send any address changes to The articles. Judge Advocate General’s Legal Center and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781. The opinions The Army Lawyer articles are indexed in the Index to Legal Periodicals, the expressed by the authors in the articles do not necessarily reflect the view of Current Law Index, the Legal Resources Index, and the Index to U.S. The Judge Advocate General or the Department of the Army. Masculine or Government Periodicals. The Army Lawyer is also available in the Judge feminine pronouns appearing in this pamphlet refer to both genders unless the Advocate General’s Corps electronic reference library and can be accessed on context indicates another use. the World Wide Web by registered users at http://www.jagcnet.army.mil/ ArmyLawyer and at the Library of Congress website at The Editor and Assistant Editor thank the Adjunct Editors for their http://www.loc.gov/rr/frd/MilitaryLaw/Army_Lawyer.html. invaluable assistance. The Board of Adjunct Editors consists of highly qualified Reserve officers selected for their demonstrated academic excellence Address changes for official channels distribution: Provide changes to the and legal research and writing skills. Prospective candidates may send Editor, The Army Lawyer, The Judge Advocate General’s Legal Center and Microsoft Word versions of their resumes, detailing relevant experience, to School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Virginia the Technical Editor at [email protected]. 22903-1781, telephone 1-800-552-3978 (press 1 and extension 3396) or electronic mail to [email protected]. The Editorial Board of The Army Lawyer includes the Chair, Administrative and Civil Law Department; and the Director, Professional Articles may be cited as: ARMY LAW., [date], at [first page of article], Writing Program. The Editorial Board evaluates all material submitted for [pincite]. publication, the decisions of which are subject to final approval by the Dean, Lore of the Corps An Officer Candidate School for Army Lawyers? The JAG Corps Experience (1943–1946) .......................... 1 Articles A Justice Manager’s Guide to Navigating High Profile Cases Major Nathan J. Bankson ..................................................................................................................................... 4 USALSA Report U.S. Army Legal Services Agency Trial Judiciary Note A View from the Bench: Claiming Privilege Against Self-Incrimination During Cross-Examination Lieutenant Colonel Fansu Ku .............................................................................................................................. 31 Book Reviews The Good Soldiers Reviewed by Major Thomas L. Clark .................................................................................................................................. 36 CLE News ................................................................................................................................................................ 39 Current Materials of Interest ............................................................................................................................. 52 Individual Paid Subscriptions to The Army Lawyer ................................................................ Inside Back Cover JULY 2012 • THE ARMY LAWYER • DA PAM 27-50-470 Lore of the Corps An Officer Candidate School for Army Lawyers? The JAG Corps Experience (1943–1946) Fred L. Borch Regimental Historian & Archivist On 29 June 1943, the Michigan Daily featured a small the enlisted ranks could enter the JAGD as judge advocates. article on eighty-three enlisted men attending the first-ever As a result, the Secretary of War established the Judge officer candidate school operated by the Judge Advocate Advocate General’s Officer Candidate School (JAGOCS) on General’s Department (JAGD) on the campus of the 24 March 1943. The Judge Advocate General received the University of Michigan.1 This is the story of that officer “authority to accept or reject applicants” and “was further candidate program—and its place as a unique educational authorized to recommend fifty percent of the graduates . episode in our Regiment’s history. for immediate promotion to the grade of first lieutenant.” This promotion authority was unique: all other officer Within days of the Japanese attack on Pearl Harbor, the candidate programs in the Army commissioned their JAGD began calling Reserve officers to active duty as the graduates as second lieutenants; only the JAGOCS program United States mobilized for war with the Axis powers. was allowed the immediate promotion of one half of a Initially, these lawyers received on-the-job training; graduating class.6 The first JAGOCS candidates reported to however, Major General (MG) Myron C. Cramer, The Judge the University of Michigan on 7 June 1943. Advocate General (TJAG), quickly realized that this “slow process of apprenticeship” was “impractical” to meet the From the outset, the mission of JAGOCS “was to train wartime demands and that the Army must establish a school officer candidates for service as judge advocates in tactical for refresher training “to afford the proper orientation and and administrative units of the Army. .,”7 but exactly how indoctrination for bridging the gap between civil and Army to accomplish this mission was very much an open question. life.”2 The first class convened on 2 February 1942 at The JAGD had never operated an officer candidate program, National University Law School,3 Washington, D.C., but it and there was no time to experiment. The obvious solution became apparent that larger facilities were required.4 The was to model at least some parts of JAGOCS after other Judge Advocate General’s School, U.S. Army (TJAGSA) officer candidate schools already in operation, and this in was activated at the University of Michigan on 5 August fact occurred. 1942. A more significant problem, however, was the limited As the supply of Reserve judge advocates dwindled, the number of instructors. By June 1943, TJAGSA had trained JAGD decided to directly commission civilian lawyers and ten officer classes (consisting of more than 500 men) with an enlisted personnel who were attorneys. The War instructional staff of only seventeen men (fifteen judge Department, however, informed TJAG Cramer in early 1943 advocates and two infantry officers) in ten months. that it was curtailing the authority of all branches in the Consequently, although very much overburdened with work, Army to offer direct commissions except in the rarest cases.5 some of these TJAGSA instructors now also had to begin Faced with this quandary, the JAGD decided to activate an teaching JAGOCS classes when the first candidates arrived officer candidate school so that qualified attorneys serving in on 7 June 1943. Ultimately, the solution was to select JAGOCS graduates to become instructors—but this could be done only after several JAGOCS classes had graduated. To 1 G. P. Forbes, 1st OCS Class in History of JAGD Is Training Here, MICH. alleviate the shortage of instructors in the meantime, DAILY, June 29, 1943. First Lieutenant George P. Forbes, Jr., a graduate of TJAGSA arrived at a practical solution: combining officer The Judge Advocate General’s School, U.S. Army’s (TJAGSA), 10th classes with officer candidate classes “for a substantial Officer Course, was on TJAGSA faculty when he submitted this article for 8 publication. amount of instruction.” While some were concerned about the impact on good order and discipline that might result 2 Inzer B. Wyatt, The Army’s School for Its Lawyers, 29 A.B.A. J. 135, 136 from “mixing” officers and enlisted personnel, the (1943). “similarity in background and ability of the officers and 9 3 About GW Law, GEO. WASH. UNIV. LAW SCHOOL, http://www.law. officer candidates” seems to have precluded any problems. gwu.edu/school/pages/history.aspx (last visited July 31,
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