Area Defense Counsel provides another source for legal assistance

  • Published
  • By Airman 1st Class Brigitte Brantley
  • 23rd Wing Public Affairs
MOODY AIR FORCE BASE, Ga. --  Moody Airmen can look toward one on base agency to provide assistance on many adverse actions and to provide counsel if a legal case progresses to trial.

The Area Defense Counsel helps active duty Airmen and those in the Reserve, who are on active duty orders, deal with situations of all sizes and provides complete confidentiality throughout the entire process.

"Our mission is to advance the Air Force mission by providing world-class legal defense services for Air Force members," said Capt. Jason Sopko, Moody's ADC attorney. "Our main responsibility is to vigorously defend clients against unfavorable actions that fall under what we cover. We cannot be ordered to disclose anything that has been revealed to us.

"The local ADC will defend all cases unless a conflict of interest exists," he added. "For example, if four people from one squadron are accused of drug use, three of the members will be assigned a counsel representative from another base."

Airmen are authorized to contact the ADC at anytime to request assistance.

"From the moment an Airman is questioned by the civilian or military authorities, they have a legal right to be represented by us," said Tech Sgt. Carmen Smith, Moody's ADC defense paralegal. "Airmen need to keep in mind that if an incident occurs off base, it's up to the local authorities to decide whether they will release jurisdiction to us."

The severity of a case will determine whether it goes to court or whether it can be handled by an individual's commander.

"Lesser crimes may be handled by the individual's squadron commander, who is authorized to impose nonjudicial punishment, a form of military discipline authorized by Article 15 of the Uniform Code of Military Justice," said Sergeant Smith. "In these cases, the commander will determine whether the member has committed misconduct before imposing punishment."

"The ADC will help during the preparation process, but at this level, the member is responsible for presenting evidence and speaking on their own behalf," she added.

It's also important to prevent even the perception of anything besides a working relationship between the ADC and the base legal office.

"In addition to an independent chain of command, our office is isolated from both the legal office and other units for two reasons," said Sergeant Smith. "First, we don't want our clients to be concerned that there may be an improper relationship between our office and the legal office, because we represent opposing sides during a trial. Second, being physically separated from other units allows the client more privacy."

Individuals also have the option to hire a civilian counsel, in addition to a military counsel representative.

"If an Airman decides to use a civilian attorney, it will be an out-of-pocket expense for them," said Sergeant Smith. "In addition to that, clients should ensure civilian counsels are familiar with military law.

"For example, the military is one of the only occupations where you might actually get in trouble for being late to work or if you are caught lying. Besides a few differences, military and civilian laws and trial processes are very similar."

In all cases, the attorney and client have one of the strongest privileges of confidentiality legally available.

"Unless the client has expresses their intent to commit future crime or some other unprotected action, such as fraud, there is not a single thing they say that we can legally disclose to any other party without their permission," said Sergeant Smith.

"When they come in and tell us their story, it stays with only us and we help them through the trial process," she added. "The Area Defense Counsel is here to help in any way we can."