California Legislature—2015–16 Regular Session

Assembly BillNo. 2085


Introduced by Assembly Member Irwin

February 17, 2016


An act to amend Section 51 of, and to add Section 59.5 to, the Military and Veterans Code, relating to military and veterans.

LEGISLATIVE COUNSEL’S DIGEST

AB 2085, as introduced, Irwin. Military and veterans: legal aid.

Existing law establishes the California Military Department, which includes the Office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia.

This bill would create the Office of Military Legal Assistance within the Military Department. The bill would require the Office of Military Legal Assistance to facilitate the delivery of legal assistance programs, pro bono services, and self-help services to current and former military personnel in the state, and to function as a clearinghouse for the coordination of attorneys offering pro bono legal services to military members needing legal representation. The bill would additionally authorize the Military Department to apply for and accept grants, gifts, donations, bequests, and devises on behalf of the Office of Military Legal Assistance, and to deposit those in the Military Legal Assistance Account, established in the California Military Department Support Fund. The bill would provide that the Military Legal Assistance Account is available, upon appropriation by the Legislature, for the purpose of carrying out the functions of the Office of Military Legal Assistance.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

The Legislature finds and declares both of the
2following:

3(a) Attorneys in California are needed to assist active duty
4servicemembers and reservists with legal matters. Military
5personnel are often presented with legal challenges due to the
6requirements of their service, such as frequent relocation,
7interrupted employment, financial need, and strain on family life,
8among others.

9(b) While some legal services are provided to servicemembers
10through their respective service’s Judge Advocates General (JAG),
11there is a gap in service for a variety of legal issues, particularly
12in civil law, because JAGs are prohibited from representing
13servicemembers in civilian court in almost all cases. The primary
14legal areas with which servicemembers require assistance include
15 the Uniformed Services Employment and Reemployment Rights
16Act, the Servicemembers Civil Relief Act, family law, consumer
17fraud, property and landlord issues, naturalization and immigration,
18creditor and debtor issues, and predatory lending.

19

SEC. 2.  

Section 51 of the Military and Veterans Code is
20amended to read:

21

51.  

The Military Department includes the office of the Adjutant
22General, the California National Guard, the State Military Reserve,
23the California Cadet Corps,begin delete and the Naval Militia.end deletebegin insert the Naval
24Militia, and the Office of Military Legal Assistance.end insert

25

SEC. 3.  

Section 59.5 is added to the Military and Veterans
26Code
, to read:

27

59.5.  

(a) The Office of Military Legal Assistance is hereby
28created in the Military Department. The Office of Military Legal
29Assistance shall facilitate the delivery of legal assistance programs,
30pro bono services, and self-help services to current and former
31military personnel in the state.

32(b) The Office of Military Legal Assistance shall function as a
33clearinghouse for the coordination of attorneys offering pro bono
34legal services to military service members needing legal
35representation.

36(c) The department may apply for and accept grants, gifts,
37donations, bequests, and devises on behalf of the Office of Military
38Legal Assistance, which shall be deposited in the Military Legal
P3    1 Assistance Account, as hereby established in the California Military
2Department Support Fund. Notwithstanding Section 412.5, funds
3in the Military Legal Assistance Account are available, upon
4appropriation by the Legislature, for the purpose of carrying out
5the functions of the office pursuant to this section.



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