Yes. If confirmed, I am committed to the complete and effective implementation of these reforms. 

I believe these reforms have been fully accepted and integrated into the Armed Services. It is my understanding the legislation has strengthened civilian leadership while improving the effectiveness of uniformed personnel. This was accomplished, in large part, by clarifying the responsibilities and authorities of the Joint Chiefs of Staff, the Chairman of the Joint Chiefs, the Secretary of Defense, and the Secretaries of the Military Departments. Since the legislation was enacted, I believe that we have seen the effectiveness of the joint warfighting forces significantly improve. Lines of communication, interoperability, and joint operation and training appear to have benefited as a direct result of these reforms. 

Overall, strengthening of the civilian leadership and enhanced clarity of the chain of command represent significant advancements that were fostered by the reforms. The enhanced ability of staffs and the combatant commanders-in-chief to plan and execute their assigned missions has been demonstrated both in peace and conflict. 

Yes. I am confident working with the Secretary and Congress, the Department will continue these efforts and strive to ensure the full intent of Congress is realized. 

At this stage of the process, I am unaware of any movement or need to amend Goldwater-Nichols. If confirmed, I will have the opportunity to fully understand and assess the situation. At that point, I will be in a better position to address what, if any, legislative provisions might be needed to improve Goldwater-Nichols. 

Subject to the authority, direction and control of the Secretary, the General Counsel is the chief legal officer of the Department. He serves as the principal legal advisor to the Secretary. Directly and through staff, he provides legal advice, counsel and guidance to the Secretary, the Under Secretary and the Assistant Secretaries, and their staffs. 

The General Counsel of the Department of the Navy reports to the Secretary of the Navy. However, the General Counsel of the Department of Defense is the chief legal officer of the Department of Defense. If confirmed, I intend to work closely with the DOD General Counsel on matters of mutual interest or concern. Having previously served in the DOD Office of General Counsel, I look forward to a most productive working relationship. 

With respect to the Legal Advisor to the Chairman of the Joint Chiefs of Staff and the Staff Judge Advocates to the Commanders-in-Chief of the Combatant Commands, if confirmed, I expect our respective offices will consult and cooperate on any matters of mutual interest or concern that may arise. 

My understanding is that the relationship between the General Counsel and the Judge Advocate General has been characterized by full consultation, close cooperation and careful coordination. Such a relationship is essential to ensure the faithful execution of the laws throughout the Department. If confirmed, I am confident this close and collegial professional relationship will continue. 

The Counsel for the Commandant of the Marine Corps and his subordinate attorneys are members of the Office of the General Counsel. They report to the General Counsel and keep him apprised of matters of significance. 

I understand the General Counsel does not have a direct responsibility concerning the Joint Service Committee on Military Justice, which exists to review the Manual for Courts Martial. If confirmed, I expect to be informed about significant issues arising from the activities of the Committee. 

My understanding is that the General Counsel designates a legal representative of the Department to serve as a non-voting member of the Defense Acquisition Regulatory Council. 

My relationships with the Chief of Naval Operations and the Commandant of the Marine Corps will be as prescribed by the Secretary, and as necessary to provide for the proper application of the law and effective delivery of legal services within the Department. If confirmed, I look forward to working closely with the CNO and the Commandant. 

The General Counsel is the chief legal officer of Department, and legal opinions issued by the General Counsel are the controlling legal opinions within the Department. His duties include the following: Directly and through staff, the General Counsel provides legal advice, counsel and guidance to the Secretary, the Under Secretary and the Assistant Secretaries, and their staffs. As head of the Office of the General Counsel, he is also responsible for providing legal services throughout the Department in a variety of fields, including business and commercial law, real and personal property law, fiscal law, civilian personnel and labor law, intellectual property law, environmental law, and litigation. In addition, the General Counsel serves as the Debarring Official for the Department. He also serves as the Designated Agency Ethics Official for the Department. 

Major Challenges and Problems 

I believe my work as an attorney at the Department of Defense, elsewhere in the federal government and in the private sector will serve me well as General Counsel, if confirmed. For two years, from 1993 to 1995, I served in the Office of General Counsel of the Department of Defense, initially as Deputy General Counsel (Legal Counsel) and then as the Principal Deputy General Counsel. During a portion of that period, in 1994, I served as acting General Counsel. I advised senior Department officials. I managed the legal staff serving the Office of the Secretary and the Defense Agencies. I dealt with a wide range of matters involving acquisition and logistics, environment and installations, civilian and military personnel, fiscal law, international and intelligence matters, standards of conduct, litigation, and legislation. Of course, I dealt continuously with representatives of the Department of the Navy. Since that time, I have served as a Deputy Assistant Attorney General at the U.S. Department of Justice, heading the office responsible for litigation of civil cases in appellate courts on behalf of the United States, including the Department of the Navy. My government service to date, as well as private practice before that, have provided extensive experience in problem solving, client counseling, dispute resolution and management -- much of it in the national security context. This experience, I believe, has prepared me to take on the duties of the General Counsel. 

With respect to civil law matters involving Navy and Marine Corps components, my understanding is that primary responsibility is divided, by major subject area, between the Office of the General Counsel and the Office of the Judge Advocate General. From time to time, I expect, there will arise matters in which responsibilities overlap. In such instances, and particularly with regard to litigation, I believe that cooperation and coordination between the two offices is imperative. 

The level of military and civilian legal staff should be sufficient to permit the delivery of legal services to the extent needed in the Department. At this stage, however, I am not able to judge the adequacy of manning in judge advocates, enlisted legalmen, or in civilian lawyers in the Office of the General Counsel. With respect to uniformed legal personnel, if confirmed, I will be in a position to work with the Judge Advocate General and others to evaluate the extent of legal services needed and the level of staffing necessary to meet that need. At this stage, I am certainly aware of the difficult challenge posed by recent decreases in manning of the Judge Advocate General’s Corps, and I am especially sensitive to the prospect that any further decreases may adversely affect the provision of legal services. With respect to civilian lawyers, I am not currently aware of any opportunity or need to decrease or increase substantially staff levels in the Office of the General Counsel. If confirmed, I intend to assess the resources and workload of the office in order to ensure that the level of staffing is appropriate. 

My understanding is that burdensome school debt may be a substantial factor in the failure to retain highly qualified judge advocates beyond their first active duty tour. At this stage, however, I do not have a firm understanding of the magnitude of the problem or the likely efficacy of the suggested solution. I would certainly consider supporting a loan repayment program that would be effective, fair and fiscally sound. I would also consider supporting other options to mitigate the adverse impact of school debt on the retention of judge advocates.

In my view, the client of the General Counsel of the Navy is the Department of the Navy. If there are conflicts between the interests of the Department and an official of the Department, the General Counsel's duty is to the Department. The General Counsel works with officials of the Department in the course of their duties as its agents, not in the course of their personal activities. 

There are a number of ethical frameworks that apply to attorneys in the Department. Every lawyer must be an active member in good standing of the Bar of a State or the District of Columbia, and is subject to the professional responsibility rules of that jurisdiction. Moreover, lawyers conducting litigation are subject to the rules of the forum in which they appear. In addition, the federal government imposes standards of conduct to which all employees/members, including lawyers, must adhere. Finally, Navy and Marine Corps judge advocates are bound by professional responsibility rules promulgated by the Judge Advocate General. I believe that adequate guidance is provided under this regime. Department attorneys, civilian and military, have a long history of ethical practice, and I aim to see that it continues. If confirmed, I will be alert to the need for adequate guidance and, if I detect any deficiencies, I will act to address them. 

My understanding is that the Judge Advocate General has primary responsibility for providing legal advice in the conduct of the officer promotion selection process. If confirmed, my role will be as directed by the Secretary. If so directed, I would review the process and governing procedures, and provide the Secretary with my candid and objective advice concerning compliance with the law, fairness and impartiality.