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JUDGESHIPS
The Uniform Code of Military Justice requires what is called an "Article 32" investigation before a matter is referred to a general court-martial. The "investigator" is appointed by the commander and is given authority to review all aspects of the case to make a recommendation to the commander if enough evidence exists to proceed with each charge and to make legal recommendations regarding evidentiary problems and suppression of inadmissable evidence.
In reality, the Article 32 investigator sits as a fact-finder, and both the prosecution and defense counsels present the case through testimony and exhibits. If a fact does not seem clear or requires further investigation, the investigator may recess the proceedings and request further investigation into the matter.
I was appointed to be an Article 32 investigator several times during my 2 1/2 years in the Elmendorf AFB legal office beginning in 1987 and ending when I was appointed to be an Area Defense Counsel in the Air Force in early 1990. I have again been appointed as an Article 32 investigator in my reserve capacity as needed.
I have in the past on several occasions, and just recently was again appointed, to be a Legal Advisor on a military discharge board. The Legal Advisor rules on admissibility of evidence and acts like a judge over the proceeding. There is a panel of board members who act as jury. The Legal Advisor conducts the proceedings and instructs the board members much as a trial judge. I completed such an assignment in 2002 and did two more in late April, early May 2003.
Active Duty Lawyer: (1987-1991) United States Air Force, Elmendorf Air Force Base, Alaska. Special Assistant U.S. Attorney prosecuting offenses in federal court. Extensive trial experience both as military prosecutor and defense lawyer including bench and jury trials. Member of Child Advocacy Committee, Assistant Chief of Military Justice, Chief of Administrative Law and Claims with experience in civil property damage, personal injury and medical malpractice actions for and against the federal government and general legal advise to base commander. Three years named as Tax Officer helping literally thousands of military members with personal income tax, tax form preparation, collection of federal and state tax forms, distribution of tax forms throughout Alaska, research of tax issues, wills, powers of attorney, guardianships, and estate planning.
Private Practice: (1992-Present) Ogden, Utah. General practice in civil and criminal activities, creditor/debtor actions and tax issues. Civil litigation represents more than half of the practice wherein I have represented literally hundreds of divorcing parties, consumer and commercial creditors, claimants, and defendants in all aspects from litigation to collection and general domestic relations. The taxation portion of the practice has included issues on state and federal income taxation, business planning taxation, and criminal defense representation for alleged intentional tax evasion. The estate planning aspect of the practice has included all aspects of estate planning including wills, trusts, Medicaid and probate for individuals and business owners, including tax reduction analysis as necessary. I am involved in real estate transactions, adult criminal and juvenile representations. My activities have demanded my appearance in Utah Justice Courts, hundreds of appearances before Commissioners, virtually all Utah District Courts, and the federal court system.
Courts in which I have practiced and the general character of my practice of law over the course of my legal career:
I have spent literally hundreds of hours in court appearances both in trials and in many other court proceedings. Currently I spend more than 65% of my time in courts and over 90% of my time doing activities leading to court appearances.
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