September-October 2009 Clearinghouse Review

This special issue of Clearinghouse Review is devoted to legal topics affecting current and former members of the U.S. armed forces and their families. Topics include appointment practice under the Servicemembers Civil Relief Act, issues raised by military service in the context of family law cases, special considerations when representing military veteran clients, immigration issues faced by servicemembers, special employment protections for servicemembers, and establishing a successful veterans benefits project.

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Let Us Meet the Needs of Military Veterans, Servicemembers, and Their Families

By Donald J. Guter
Special Considerations When Representing Military Veteran Clients
Assisting disabled military veterans, who risked injury and death in the service of their country, in obtaining veterans benefits is an honor. Veterans benefit cases involve a slow campaign of paperwork against an intractable bureaucracy—the U.S. Department of Veterans Affairs (VA)—unaccustomed to lawyers representing clients. To succeed in veterans benefits practice, attorneys should learn the different language and culture of the military world and the ramifications of going to war. Although clients with PTSD (posttraumatic stress disorder) and traumatic brain injury can be very difficult, getting VA to approve their benefits is very rewarding.

Copies of this article are available for individual purchase online for $15 apiece.

By David Ackerly
Issues Raised by Military Service in the Context of Family Law Cases
When handling a family law case involving a party in the military, attorneys should know about pertinent rules that may be unfamiliar to the typical family law practitioner. These involve special rules for establishing jurisdiction and service of process to initiate a case; setting up custody, visitation, family support, and division of a military pension; and using the Servicemembers Civil Relief Act at any stage of a family law proceeding. With this knowledge, an attorney can both advocate better for a military client and know how to observe the special rights of a military party on the other side of a family law matter.
Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Paula Roberts, If You Don't Know There's a Problem, How Can You Find a Solution?: The Need for Notice and Hearing Rights in Child Support Distribution Cases (November-December 2002)
- Anne E. Moss and Vicki Gottlich, The Divisible Pension: Another Income Source for Low-Income Divorced Clients (July 1995)
- Nancy S. Erickson, Child Support Guidelines: A Primer (November 1993)
By Angela Anderson and Steve Berenson
Establishing a Successful Veterans Benefits Project: Two Perspectives
Legal aid programs are well positioned to deliver much-needed legal assistance to veterans in need of representation to secure U.S. Department of Veterans Affairs benefits. Creating a veterans advocacy project within a legal aid organization can be a great way to leverage resources to serve veterans optimally. Whether a program receives funding from the Legal Services Corporation or not, managers should keep in mind a number of special considerations when creating a veterans benefits project.
Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Francisca Gonzalez Baxa, How to Fund Your Community Economic Development Work (July-August 2003)
- Meg Bartley, Ronald B. Abrams, and Bill Rapp, VA Benefits Available to Low-Income Veterans (September-October 2006)
By John S. Anderson and Victor Geminiani
Five Tips that Pro Bono Attorneys Need to Know When a Servicemember Is a Party to a Family Law Case
Active-duty members of the armed forces are often able to receive free legal services from civilian military lawyers and judge advocates, but such services tend to be limited in scope and rarely involve in-court representation. Many servicemembers need to retain civilian counsel for civil matters, particularly domestic relations, although such counsel may not be aware of special concerns in representing military personnel. Five tips may help nonmilitary attorneys represent servicemembers better and avoid “traps for the unwary.”

Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Paula Roberts, Establishing Paternity Through Voluntary Acknowledgment (March-April 2007)
- Vicky O. Kimbrell, Family Violence and Military Policies and Procedures (May-June 2001)
By Duncan D. Aukland
Appointment Practice Under the Servicemembers Civil Relief Act: The Duties of Court-Appointed Counsel
A deployed servicemember loses custody of his child in a court action in Virginia even though the court has appointed an attorney pursuant to the Servicemembers Civil Relief Act (SCRA) to represent his interests. The appointed attorney, unable to contact the servicemember at his stateside address, had withdrawn representation and advised the court to use its discretion in rendering judgment. Did the appointed attorney properly represent the servicemember? What duties do SCRA-appointed attorneys owe their clients? What should they do when contact is difficult or impossible? The SCRA and American Bar Association Model Rules of Professional Conduct guide attorneys’ proper scope of representation and duties.
Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Richard P. Weishaupt, Ethics and Legal Aid: The Beginning of a Discussion (July–Aug. 2008)
By Matthew T. Besmer
Using the Transitional Jobs Strategy to Help Chronically Unemployed Veterans
Iraq and Afghanistan war veterans have substantially higher rates of unemployment than the general population, and many of their employment barriers are rooted in their military experience. A “transitional jobs” strategy has helped other groups of people with employment barriers connect to the workforce and maintain stable employment; if the core elements are in place, the strategy offers the same promise for veterans. While no dedicated funding stream is yet in place, a variety of sources could be tapped to support transitional jobs for veterans.
Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Stephen Bingham & Luna Yasui, The Legal Barriers to Employment Project--A New Model (May-June 2009)
- Evelyn Ganzglass, Building Pathways to Prosperity for Low-Income and Hard-to-Employ Adults (Nov.-Dec. 2008)
- John Bouman et al., Attacking Poverty by Attacking Chronic Unemployment: An Update in Developments for Transitional Jobs Strategies for Former Prisoners (July-Aug. 2007)
- John Bouman & Joseph Antolin, Attacking Poverty by Attacking Chronic Unemployment: A Proposal to Stabilize and Grow the Transitional Jobs Strategy (May-June 2006)
By John Bouman and Kalia Coleman
What the Fowlkes? How Fleeing-Felon Rules Apply to Veterans
Veterans otherwise eligible for disability benefits from the U.S. Department of Veterans Affairs (VA) sometimes run into the “fugitive-felon” rule, denying benefits to anyone who is fleeing to avoid prosecution or confinement and is the subject of a felony warrant. The rule mimics the fugitive-felon rule enforce by the Social Security Administration and, like that rule, ignores the statutory requirement of intent. Because of the VA appeals process, no body of case law rejects VA’s interpretation of the rule. However, a recent Board of Veterans Appeals decision may herald a change in direction.
Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Gerald McIntyre, Have You Seen a Fleeing Felon? Social Security Administration Targets SSI Recipients with Outstanding Warrants (Jan.-Feb. 2003)
By Dale A. Hauser III
A Guide to Military Child Care
Child care is an essential component of military readiness. The U.S. Department of Defense operates hundreds of child development centers worldwide, with fees subsidized on a sliding scale, and has increased the number of spaces available. While demand for care in child development centers still exceeds supply, Defense Department programs help military families find and pay for child care in local communities.

Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- David Ehrenberg & Raun Rasmussen, South Brooklyn Legal Services' Child Care Network Support Project: How Legal Aid Programs Can Support Family Child Care (Sept.-Oct. 2002)
- Marcia Henry & Ava Yajima, Applying the Americans with Disabilities Act in Child Care Settings (May-June 2004)
By Kelly Hruska
Helping Veterans Overcome Homelessness
Veterans are twice as likely as the general population to become chronically homeless. Many resources can help veterans improve their finances and access supportive housing so that they can have a place to live and can lead healthy, stable lives. Greater availability of two innovative legal programs—alternative sentencing statutes and veterans courts—would link at-risk veterans to life-saving treatment and lower their risk of homelessness.
Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Meg Bartley, Ronald Abrams, and Bill Rapp, VA Benefits Available to Low-Income Veterans (Sept.–Oct. 2006).
By Rick Little and Stacy Garrick Zimmerman
An Introduction to Legal Services and Protections for Military Personnel and Their Family Members
Clients who have a military connection often get more protection and benefits through laws that apply specifically to servicemembers. Most military legal assistance attorneys are well versed in the law—for example, the Servicemembers Civil Relief Act, the Uniformed Services Employment and Reemployment Rights Act, and the Uniformed Services Former Spouses Protection Act—as it relates to servicemembers. Legal practitioners should be aware of these and other laws that focus on servicemembers and seek help from military legal assistance attorneys if necessary.
Copies of this article are available for individual purchase online for $15 apiece.

Related Articles

By Stephen T. Lynch
What Difference Does It Make if the Client Is a Veteran? None if You Don't Ask About Veteran Status
By asking a low-income or elderly legal aid client if the client is a veteran, dependent of a veteran, or survivor of a veteran, those who represent poor, elderly, and disabled persons may be able to identify monetary benefits and services from the U.S. Department of Veterans Affairs (VA), and these benefits may help resolve the client’s legal issues. An advocate need not be an expert in veterans law to identify VA benefits and refer a client to VA for assistance. A quick screening guide and descriptions of some monetary and health benefits help advocates ask the right questions and refer clients to resources.

Copies of this article are available for individual purchase online for $15 apiece.
Related Articles
- Meg Bartley et al., VA Benefits Available to Low-Income Veterans, (Sept.–Oct. 2006)
By Mary Ellen McCarthy
A Case for Federal Oversight of Military Sexual Harassment
Women in military service face epidemic levels of sexual harassment and assault. U.S. Department of Defense policy is to deal with these matters within the chain of command. While the U.S. Supreme Court has not spoken on the applicability to servicemembers of Title VII of the Civil Rights Act of 1964, a consensus has emerged among federal appellate courts that the Act does not protect uniformed personnel against discrimination. However, the appellate courts’ consensus arguably does not apply to sexual harassment as a form of disparate treatment in hiring and promotion.

Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Robin R. Runge, Employment Rights of Sexual Assault Victims (Sept.-Oct. 2006)
By Rachel Natelson
News and Notes
Employment Law and How the Uniformed Services Employment and Reemployment Rights Act Protects Servicemembers
Employees who leave their jobs to work in the armed forces often cannot regain their jobs or retain benefits. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects such eligible servicemembers. The USERRA requires that the U.S. Department of Labor assist claimants. Also ready to assist are the Employer Support of the Guard and Reserve, the Reserve Officers Association, and the local staff judge advocate’s office.

Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Wendy Pollack, What’s a Mother to Do? Women, Low-Wage Employment, and Leave Policies (Nov.–Dec. 2008)
- Meg Bartley, Barton Stichman, and Ronald B. Abrams, The Department of Veterans Affairs’ Obligations Toward Claimants: Analysis of the Veterans Claims Assistance Act of 2000 (July–Aug. 2001)
- Sharon Dietrich, Catherine Ruckelshaus, Jim Williams, Rick McHugh, Rachel Paster, and Michele Palter, An Employment Law Agenda A Roadmap for Legal Services Advocates (Jan.–Feb. 2000)
By Aloysius F. Rohmeyer and Bruce D. Schrimpf
Advocating Benefits for Veterans
The Veterans’ Judicial Review Act of 1988 and the Veterans Benefits, Health Care, and Information Technology Act of 2006 give veterans the right of judicial review of the U.S. Department of Veterans Affairs (VA) benefit decisions and the right to hire an attorney to represent them in VA actions—two rights long denied them. Advocates need to be knowledgeable about VA disability programs, the ins-and-outs of the VA adjudicatory system, and the resources for advocates to ensure that disabled veterans get the benefits they need and deserve.

Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Meg Bartley Ronald B. Abrams, and Bill Rapp, VA Benefits Available to Low-Income Veterans (Sept.–Oct. 2006)
- Meg Bartley, Barton Stichman, and Ronald B. Abrams, The Department of Veterans Affairs’ Obligations Toward Claimants: Analysis of the Veterans Claims Assistance Act of 2000 (July–Aug. 2001)
- Phong S. Wong and Richard A. Rothschild, Increasing Court Access Through Fee-Waiver Reform: California’s Model (July–Aug. 2009)
By Barton F. Stichman
Immigration Issues Faced by U.S. Servicemembers: Challenges and Solutions
Noncitizens who serve in the U.S. military face particular challenges in navigating immigration law on behalf of themselves and their family members. While most of the Immigration and Nationality Act applies equally to civilians and to military personnel, certain provisions affect only servicemembers, and less than honorable discharges can have severe immigration consequences. Noncitizen family members of servicemembers are entitled to certain protections under immigration laws, but the law’s inflexibility can undermine these protections and weaken the morale of servicemembers forced to worry about family separation.

Copies of this article are available for individual purchase online for $15 apiece.

Related Articles
- Josh Bernstein & Jonathan Blazer, Legalizing Undocumented Immigrants: An Essential Tool in Fighting Poverty (Nov.-Dec. 2008)
- Sara Campos et al., Representing Immigrants: What Do LSC Regulations Allow? (Sept.-Oct. 2004)
- Charles Wheeler, Family-Based Immigration (Sept.-Oct. 2004)
By Susan E. Timmons and Margaret D. Stock

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