ATTORNEY-ADVISER (GENERAL)

Legal Support Position

The purpose of this position is to provide full-time professional legal support to the Adjutant General, staff elements and subordinate units of the Army and Air National Guard of the State, as well as to the USPFO for the State. This position performs the following duties:

Responsible for the effective management and accomplishment of the day to day legal workload necessary to provide legal services and support to the Adjutant General, staff elements of both the Army and Air National Guard and subordinate units, as well as the United States Property and Fiscal Officer for the State and his staff.

Provides professional legal advice and opinions, both written and oral, on issues arising from federal laws and regulations or concerning the federal mission of the National Guard.

Serves as litigation point of contact for the State.

Prepares litigation reports, briefs, pleadings and other papers associated with civil litigation involving the National Guard.

Upon designation by the U.S. Department of Justice, or, in appropriate cases, when designated by the Office of Legal Advisor, National Guard Bureau, may appear as counsel for the National Guard or National Guard officials or employees in civil litigation.

Acts as the State Adjutant General's representative in third-party proceedings under the Federal Labor-Management Relations Statute.

Reviews technician collective bargaining agreements for legal sufficiency.

Upon designation by the State Adjutant General, may participate in collective bargaining as a member of the management negotiating team.

Serves as claims officer for the State.

Prepares claims reports for the processing of claims by the appropriate claims office.

Upon designation by the State Adjutant General, participates as Staff Judge Advocate to the Convening Authority in State National Guard courts-martial and as legal advisor or counsel in administrative board proceedings.

Reviews Reports of Survey, Line of Duty determinations and similar administrative proceedings for legal sufficiency.

Reviews contracts, procurement actions and real property matters involving federal funds for legal sufficiency.

Upon designation by the State Adjutant General, participates in negotiations involving contracts, acquisitions, and real property matters.

Assists in drafting of Drafts contracts, agreements and real property documents.

Prepares and presents legal training for judge advocates and for other personnel as required.

Acts as legal assistance officer for full-time active duty members of the National Guard of the State.

Provides general legal counsel and assistance in preparation of simple documents and correspondence on a broad range of personal civil matters.

Drafts wills, powers of attorney and similar personal documents.

Acts as legal assistance officer for members of the National Guard of the State by providing the following:

a. Domestic relations. Advises on legal and practical meaning and effects of divorce, legal separations, annulment, custody. Refers to appropriate agencies as necessary.

b. Wills and estates. Provides legal advice and counseling on wills and estates. Drafts and executes wills and codicils. Advises on estate planning to include minor tax considerations and non-trusts under applicable state statutes, or refers to private attorneys as necessary.

c. Nonsupport and indebtedness. Advises and counsels on effect and procedures, to include garnishment rules, repossession procedures, default judgments, adverse personnel actions. Refers to appropriate agencies as necessary.

d. Landlord-Tenant relations and customer affairs. Advises and counsels on tenant's rights; eviction procedures; the legal effect and meaning of leases, offers to purchase, sales contracts and customer's rights in dealing with merchants and lenders; credit reporting agencies; etc. Prepares correspondence and legal instruments. Provides advice on rights accorded by Servicemembers' Civil Relief Act and other statutory provisions.

e. General. Prepares complex powers of attorney and other instruments, advises on immigration/naturalization procedures, insurance matters, general contracts, personal property law. Provides for client referrals to private attorneys as appropriate.

Coordinates activities with part-time judge advocates to insure effective utilization of part-time JAG officers. Performs other professional legal and military duties as required.