Fellow Nevada veterans, JAGs praise Laxalt’s call for increased legal services for service members, veterans and their families
Reno, NV– Today, Republican nominee for Nevada Attorney General Adam Laxalt unveiled a policy plan that will establish a division within the Attorney General’s office to help Nevada’s military community access critical legal services they and their families need. A US Navy veteran, JAG, and Iraq veteran, Adam is uniquely qualified to spearhead a military legal office and he understands all the gaps and inadequacies in our current system. As a JAG, Laxalt was responsible for protecting active duty and activated reservists from wartime legal vulnerabilities. He is committed to making sure our military community has all the legal assistance they need and deserve.
Laxalt’s policy initiative has two main components. The first establishes coordination and delivery of legal services to veterans, active duty, Nevada Guard, and Reserve personnel by public and private sector lawyers throughout the state. The second involves direct advocacy by the Attorney General’s office on behalf of Nevada’s military population.
In a new report commissioned by Governor Brian Sandoval, a list of specific policy recommendations were published for Nevada’s veterans and military personnel. The report was prepared by the Interagency Council on Veterans Affairs, a group created by an Executive Order signed by Governor Sandoval, and later codified in statute. The council is made up of local, state and federal leaders throughout Nevada and is tasked with identifying ways to improve services to veterans, service members, and their families.
“I wholeheartedly support Governor Sandoval’s commitment to our state’s veterans and applaud his efforts to make Nevada the most veteran and military-friendly state,” said Adam Laxalt. “As many Nevadans know, the Governor recently commissioned a study that showed how our veterans and their families desperately need certain legal services. I look forward to working with Governor Sandoval through his proclamation making 2014 the ‘Year of the Veteran’ in implementing this important veterans services program.”
The council surveyed Nevada veterans on their most pressing needs and 61 percent of respondents indicated that improved legal services is a top priority.
(The full report can be found here: http://veterans.nv.gov/cmsdocuments/Final_Report_of_the_Interagency_Council_on_Veterans_Affairs.pdf with the specific reference to legal needs being found on Page 7 of the report).
Details of the Laxalt Plan:
The Legal Services Component will undertake responsibility for (1) establishing a network of public and private sector attorneys with a desire to help service the legal needs of our military community, (2) supporting that network with subject matter expertise regarding the federal laws that provide various benefits and protections our military community are entitled to through the assignment of deputy attorneys general to produce training materials and providing day-to-day subject matter expertise, (3) serving as a clearing house for legal issues within the military community and a matching service to coordinate the establishment of an attorney-client relationship between a fixed income veteran, or a lower-income active duty, guard or reservist with a community attorney, and (4) leading the charge to deliver pro bono legal services to members of our military community by setting a goal for deputy attorneys general to contribute a set number of hours of pro bono service annually in support of these legal services. Laxalt aims to raise 10,000 pro bono hours from Nevada attorneys starting with 2,000 from his own office.
The Direct Advocacy Component will, as necessary, prioritize from the Attorney General’s office the prosecution of civil and criminal actions on behalf of members of Nevada’s military community, and more generally the people of the state, against (1) perpetrators of fraud in connection with our military and (2) fraudulent veterans and military-related associations attempting to defraud the public or veterans community for the supposed purpose of supporting veterans. The same attorneys assigned to support the Legal Services Component will also be responsible in taking on the duties of the Direct Advocacy Component.
As Attorney General, Laxalt will prioritize the legal services needs of our military community and the prosecution of related fraud related through the establishment of this new division. In developing his plan, Laxalt consulted with veterans, legal experts, and Nevada policymakers and administrators. They carefully reviewed the Attorney General’s office and budget, determining that this policy will require minimal new public financial resources. This is because almost all of the funding required for this new division can be provided by reassigning a limited number of deputy attorneys general and related support staff.
- The division established under the Laxalt plan will have responsibility for (1) building a network of public and private sector attorneys to deliver pro bono legal services to the military community, (2) providing subject matter support and training to that community, and (3) serving as a clearing house/matching service for legal services needs.
- The division will also work to aggressively prosecute criminal and civil actions against those who defraud our military community.
- Finally, this new division will seek to be budget neutral in that already employed Deputy Attorneys General and related support staff will be identified from within the current organization and reassigned under the Laxalt Plan.
As Attorney General, Laxalt would serve as supervisor of the implementation of the plan, ensuring the following tasks are planned for and addressed:
1) SCRA claims– Intended to postpone or suspend certain civil obligations to enable deployed service members to devote full attention to duty and relieve stress on the family members of those deployed service members. A few examples of such obligations one may be protected against are:
- Outstanding credit card debt
- Mortgage payments
- Pending trials
- Taxes
- Terminations of lease (protection from eviction)
2) USERRA– USERRA protects civilian job rights and benefits for veterans and members of the active and Reserve components of the U.S. Armed Forces. USERRA provides that returning service members must be promptly reemployed in the same position that they would have attained had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority.
3) Financial Readiness Assistance– This program will assist those service members who enter into non-favorable financial obligations that they are unable to maintain. These financial difficulties oftentimes cause a strain on readiness for our military men and women. Currently an active duty JAG will write a letter and try to assist in such situations. Unfortunately, however, since these JAGs are often not Nevada-barred attorneys, their reach and effectiveness is limited. Pro bono NV attorneys can assist in this program.
4) Consumer Protection– This program will work in the same relative fashion as the Financial Readiness Assistance program, however it will focus more specifically on pay-day lending and similar, short-term financial obligations.
5) Adoption/Divorce/Wills – These are services active JAGs can often provide, but only if current availability, resources, and manpower allows for it. This plan would allow for the new division in the Attorney General’s office to be a starting point to link needs-based active military and guard personnel with NV attorneys who can provide services for them. This program will be a needs-based pro bono arrangement or perhaps a public private partnership to defray legal costs.
6) Prosecution of fraudulent veteran associations– These fraudulent and predatory-type organizations are unfortunately on the rise. Soliciting money for our nation’s military community can attract the best of people and intentions, but also the worst. Attorneys General need to take a bigger role in ensuring the public is not being scammed by fake veteran and active duty service organizations and that, when caught, the organizers of such scams are prosecuted to fullest extent of the law.
The Legal Service Component of Laxalt’s plan, which relies on public-private partnerships with pro-bono legal services, would cover items 1, 2, 3, 4 and 5 above. The Direct Advocacy Component, within the Attorney General’s office, would oversee item 6.
“I look forward to discussing my plan with our military community, related organizations, policy makers, and all Nevada voters throughout my campaign,” Laxalt continued. “Our entire military community is a high priority for all of us in Nevada, and they deserve the time, attention and resources needed to address the growing need for legal services and assistance.”
SUPPORT FOR THE LAXALT VETERANS PLAN
“As a military commander, I know how hard it is for junior enlisted to afford legal services for civilian matters,” stated U.S. Congressman and Iraq War Veteran Joe Heck. “Additionally, with a growing community of veterans, many of whom are on fixed incomes, this innovative proposal will help ensure those who serve or have served our Nation will receive legal representation when needed."
"As a lawyer, lawmaker, and veteran, I applaud Adam Laxalt's leadership on this important issue,” stated U.S. Congressman and former JAG, Mark Amodei. “His veteran's proposal for the Attorney General's office will help address one of the most important needs of Nevada's Veterans, active duty, and reservist personnel. While I work in Washington to improve the healthcare provided by our Veterans Administration, I strongly support Adam's plan to increase access to Veteran's legal services."
“Adam Laxalt's plan is a needed improvement for helping Nevada veterans and their families,” stated Nevada Assemblyman Wes Duncan, who also served as a JAG in Iraq. “From my experience in the state legislature, I can say this policy would be effective without duplicating bureaucracies already in place. As a veteran myself, I know this proposal is badly needed for our active duty, reserve, and retired service members. I wholeheartedly endorse this plan.”
“With Adam's proposal, veterans will have a recourse they can turn to help them advocate on their behalf,”stated Kirk Lippold, US Navy (Ret.) veteran and former Commander of the USS Cole. “This policy plan is a great step to preventing veterans and current active duty soldiers, sailors, and airmen from falling through the cracks. Legal issues are one of the top problems when they return from a deployment and I know this program will help. I wholeheartedly endorse this program and applaud Adam for adding to the discussion.”
"Adam is showing great leadership by actively proposing a solution to the ongoing troubles at the Veterans Administration,” stated Joe Brown, a veteran and longtime supporter of Nevada’s military community. “I have been active in veterans support groups in Nevada for over forty years and appreciate how this proposal will help our vets during and after they serve. I am proud to support this policy."