[Federal Register: November 21, 2002 (Volume 67, Number 225)]
[Rules and Regulations]
[Page 70164-70165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no02-17]
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DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 776
RIN 0703-AA70
Professional Conduct of Attorneys Practicing Under the Cognizance
and Supervision of the Judge Advocate General
AGENCY: Department of the Navy, DOD.
ACTION: Final rule.
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SUMMARY: This final rule amends regulations concerning the professional
conduct of attorneys practicing law under the cognizance and
supervision of the Judge Advocate General of the Navy by incorporating
several changes and revising the regulations. This revision will ensure
the professional supervision of judge advocates, military trial and
appellate military judges, and other lawyers who practice in Department
of the Navy proceedings and other legal programs.
DATES: Effective November 21, 2002.
FOR FURTHER INFORMATION CONTACT: LCDR Jason Baltimore, Legislation and
Regulations Branch, Administrative Law Division (Code 13), Office of
the Judge Advocate General, 1322 Patterson Avenue, SE., Suite 3000,
Washington Navy Yard, Washington, DC 20374-5066, (703) 604-8208.
SUPPLEMENTARY INFORMATION: This part establishes policy, assigns
responsibilities, and prescribes procedures for attorneys practicing
law under the supervision of the Judge Advocate General (JAG) for
relations with non-DOD civilian counsel, petitions for outside law
practice of naval service attorneys, and a description of the complaint
processing procedure. This part ensures that attorneys practicing law
under the supervision of the JAG will be provided with rules of
professional conduct with which they must comply in order to remain in
``good standing.''
Although the rules of professional conduct do not apply to non-
lawyers, they do define the type of ethic conduct that the public and
the military community have a right to expect not only of lawyers but
also of their non-lawyer employees. It has been determined that
invitation of public comment on these changes to the JAG's Instruction
prior to adoption would be impractical and unnecessary, and is
therefore not required under the public rule-making provisions of 32
CFR parts 336 and 701. However, interested persons are invited to
comment in writing. Written comments received will be considered in
making amendments or revisions to 32 CFR 776 or the JAG Instruction
5803.1 series upon which it is derived. It has been determined that
this final rule is not a major rule within the criteria specified in
Executive Order 12291 and does not have substantial impact on the
public. This submission is a statement of policy and as such can be
effective upon publication in the Federal Register.
Matters of Regulatory Procedure
Executive Order 12866, Regulatory Planning and Review
This rule does not meet the definition of ``significant regulatory
action'' for purposes of E.O. 12866.
Regulatory Flexibility Act
This rule will not have a significant economic impact on a
substantial number of small entities for purposes of the Regulatory
Flexibility Act (5 U.S.C. chapter 6).
Paperwork Reduction Act
This rule does not impose collection of information requirements
for purposes of the Paperwork Reduction Act (44 U.S.C. chapter 35, 5
CFR part 1320).
[[Page 70165]]
List of Subjects in 32 CFR Part 776
Conflict of interests, Lawyers, Legal services, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, the Department of the
Navy amends 32 CFR part 776 as follows:
PART 776--PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE
COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL
1. Section 776.20 is revised to read as follows:
Sec. 776.20 Competence.
(a) Competence. A covered attorney shall provide competent,
diligent, and prompt representation to a client. Competent
representation requires the legal knowledge, skill, access to evidence,
thoroughness, and expeditious preparation reasonably necessary for
representation. Initial determinations as to competence of a covered
USG attorney for a particular assignment shall be made by a supervising
attorney before case or issue assignments; however, assigned attorneys
may consult with supervisors concerning competence in a particular
case.
(b) [Reserved]
2. Section 776.53 is amended by revising paragraph (a)(4) to read
as follows:
Sec. 776.53 Responsibilities of the Judge Advocate General and
supervisory attorneys.
(a) * * *
(4) A supervisory attorney is responsible for ensuring that the
subordinate covered attorney is properly trained, is competent to
perform the duties and has all appropriate credentials, including
security clearances, to perform the duties to which the subordinate
covered attorney is assigned.
J.T. Baltimore,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy,
Alternate Federal Register Liaison Officer.
[FR Doc. 02-29566 Filed 11-20-02; 8:45 am]