BILL ANALYSIS                                                                                                                                                                                                    Ó



                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 2085 (Irwin)
          Version: May 31, 2016
          Hearing Date: June 28, 2016
          Fiscal: Yes
          Urgency: No
          ME


                                        SUBJECT
                                           
                          Military and veterans:  legal aid

                                      DESCRIPTION  

          This bill would establish the Office of Military Legal  
          Assistance in the Military Department, upon appropriation of  
          funds by the Legislature, to assist current servicemembers in  
          California who require legal assistance.

                                      BACKGROUND  

          California has a strong public policy of support for military  
          servicemembers.  Under California law, Guard members and  
          reservists have the right to take temporary leaves of absence  
          from civilian employment without pay to perform military duties.  
           Servicemembers who take these temporary leaves of absence have  
          rights to employment reinstatement under state law.  The federal  
          Uniformed Services Employment and Reemployment Rights Act  
          (USERRA) protects servicemembers and veterans by ensuring that  
          employees are promptly reemployed in their civilian jobs upon  
          their return from duty and providing protections to ensure they  
          are not discriminated against in employment based on past,  
          present, or future military service.

          Limited legal services are currently provided to servicemembers  
          through their respective service's Judge Advocates General  
          (JAG).  However, JAGs are prohibited from representing  
          servicemembers in civilian court in many cases.  The legal  
          challenges that servicemembers typically face require  
          representation in civil court.  For example, servicemembers  
          oftentimes need to resolve family law matters, landlord tenant  
          issues, creditor and debtor issues, and immigration and  
          naturalization issues.   Although there are pro bono programs,  
          such as the American Bar Association's Military Pro Bono Project  







          AB 2085 (Irwin)
          Page 2 of ? 


          and the American Immigration Lawyers Association (AILA) Military  
          Assistance Program (MAP), they do not completely meet the needs  
          of California's servicemembers.   

          This bill seeks to fulfill the legal service needs of California  
          servicemembers by establishing the Office of Military Legal  
          Assistance in the Military Department, upon appropriation of  
          funds by the Legislature, to assist current servicemembers in  
          California who require legal assistance.  

                                CHANGES TO EXISTING LAW
           
           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.  (Mil. & Vet.  
          Code Secs. 50, 51.)

           Existing law  provides that any employee of any corporation,  
          company, or firm, or other person, who is a member of the  
          reserve corps of the armed forces of the United States, or of  
          the National Guard or the Naval Militia, is entitled to a  
          temporary leave of absence without pay while engaged in military  
          duty ordered for purposes of military training, drills,  
          encampment, naval cruises, special exercises or like activity as  
          such member, providing that the period of ordered duty does not  
          exceed 17 calendar days annually including time involved in  
          going to and returning from such duty.  (Mil. & Vet. Code Sec.  
          394.5.)

           Existing law  provides military members with a general right to  
          employment reinstatement, as specified.  (Mil. & Vet. Code Sec.  
          395.06.)

           Existing federal law  , the Uniformed Services Employment and  
          Reemployment Rights Act (USERRA), protects servicemembers and  
          veterans by ensuring that employees are promptly reemployed in  
          their civilian jobs upon their return from duty and providing  
          protections to ensure they are not discriminated against in  
          employment based on past, present, or future military service.  
          (38 U.S.C. Secs. 4301-4335.) 

           This bill  would establish the Office of Military Legal  
          Assistance in the Military Department, upon appropriation of  








          AB 2085 (Irwin)
          Page 3 of ? 


          funds by the Legislature, to assist current servicemembers in  
          California who require legal assistance.

           This bill  would specify that the office may provide assistance  
          in legal areas, including, but not limited to, the federal  
          Servicemembers Civil Relief Act, the federal Uniformed Services  
          Employment and Reemployment Rights Act, consumer protection, and  
          landlord-tenant issues.

           This bill  would provide that the provisions of the bill become  
          effective only upon appropriation of funds by the Legislature.

           This bill  contains a sunset provision whereby the provisions of  
          the bill will become inoperative on July 1, 2022, and repealed  
          on January 1, 2023. 
          



                                        COMMENT
           
          1.   Stated need for bill
           
          According to the author: 

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

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









          AB 2085 (Irwin)
          Page 4 of ? 



          2.   Legal Services for Servicemembers
           
          Each armed service of the United States has a legal assistance  
          program with a governing regulation promulgated by their  
          service.  Under the Army Regulation AR 27-3, for example, legal  
          assistance may be provided for ministerial services, legal  
          counseling, legal correspondence, legal negotiation, legal  
          document preparation, legal document filing, and pro se  
          assistance.  The regulation authorizes court representation of  
          clients in very limited circumstances.  Thus, it is unlikely  
          that a servicemember will have legal representation by a  
          military legal assistance program in civilian court.

          On behalf of the Department of Defense and in support for the  
          policy in this bill, the Office of the Deputy Assistant  
          Secretary of Defense writes:

             It is a common misconception that Service members have  
             unfettered access to legal services as a result of their  
             military service.  The Judge Advocate General Corps  
             attorneys in the military cannot represent Service members  
             in a majority of civil matters.  Because private attorneys  
             sometimes cost more than a Service member can afford,  
             military families that need help are put in a stressful  
             position while facing challenging military duties.  

          Some servicemembers enjoy pro bono legal service in civilian  
          court provided by members of attorney associations or other  
          charitable organizations.  For example, the American Immigration  
          Lawyers Association Military Assistance Program (AILA-MAP) is a  
          collaboration between AILA and the Legal Assistance Offices  
          (LAO) of the United States military Judge Advocate General's  
          (JAG) Corps.  According to AILA:
             The LAOs provide free assistance to active duty  
             service-members and their families in order to maintain  
             the highest level of readiness possible in the event that  
             a military member is deployed. Recently, however, JAG  
             attorneys have been inundated with complex immigration  
             legal questions. To resolve these cases successfully, they  
             often need the assistance of seasoned immigration  
             attorneys. AILA-MAP has brought these two groups together  
             to form a truly dynamic and effective partnership.









          AB 2085 (Irwin)
          Page 5 of ? 


             Since the inception of this worthy program in 2008, our  
             priority has been to provide invaluable resources,  
             knowledgeable pro bono legal counsel, and peace of mind to  
             these courageous men and women of the United States Armed  
             Forces while honoring the selfless commitment which they  
             have made to the continued protection of our nation and  
             the freedoms we enjoy on a daily basis. (See  
              [as of June 16, 2016].)

          The American Bar Association's (ABA) Military Pro Bono Project  
          highlights that it "accepts case referrals from military  
          attorneys on behalf of junior-enlisted, active-duty military  
          personnel and their families with civil legal problems, and it  
          places these cases with pro bono attorneys where the legal  
          assistance is needed."  

          The state of Nevada adopted similar legislation in 2015.  The  
          Nevada Office of Military Legal Assistance has successfully  
          resolved over 210 legal matters for military personnel and  
          veterans residing in Nevada, earning designation as a "Best  
          Practice Program" by the U.S. Department of Defense.

          This bill would establish the Office of Military Legal  
          Assistance in the Military Department, upon appropriation of  
          funds by the Legislature, to further assist current  
          servicemembers in California who require legal assistance.


           Support  :  Office of the Deputy Assistant Secretary of Defense  
          (Military Community and Family Policy)

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  Author

           Related Pending Legislation  :  None Known

           Prior Legislation  :  None Known


           Prior Vote  :








          AB 2085 (Irwin)
          Page 6 of ? 



          Senate Veterans Affairs Committee (Ayes 5, Noes 0)
          Assembly Floor (Ayes 77, Noes 0)
          Assembly Appropriations Committee (Ayes 20, Noes 0)
          Assembly Veterans Affairs Committee (Ayes 9, Noes 0)

                                   **************