[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Rules and Regulations]
[Pages 70164-70165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29566]


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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]
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