How do you handle a JAG Soldier who acts "Above the Law"?

SSG Private RallyPoint Member — Tue, 02 Aug 2016 17:43:04 -0400

How do you handle a JAG Paralegal NCO (E5) who says they legally can ignore a senior NCO's orders because they are not under investigation/haven't had his miranda rights read/etc. This Soldier repeatedly acts like he is "Above the Law" and will attempt to confuse Seniors on the legality of their questions when inquiring into his possible misconduct. I already plan to take it up with his CoC.

Response by SSgt Private RallyPoint Member made Aug 2 at 2016 6:19 PM

SSgt Private RallyPoint Member — Tue, 02 Aug 2016 18:19:45 -0400

First off, as a fellow E-5 Paralegal, this guy sounds like a clown (assuming this is an accurate portrayal of the situation). There is no remedy in the law for someone to refuse an order. Oh and by the way all orders are presumed to be lawful and military appellate courts have held that someone who disobeys an order does at his/her own peril. But, I will say that if someone intends to question him about his misconduct they should first advise him of his Article 31 rights. Contact your JAG office for their recommendation.

Response by SSG Jeremy Sharp made Aug 2 at 2016 9:39 PM

SSG Jeremy Sharp — Tue, 02 Aug 2016 21:39:47 -0400

Unless Army Regulations have changed, the guys MOS has little to do with his requirement to follow the lawful order of a senior NCO. A track vehicle mechanic NCO (E-5) is under no different obligation to follow an order than a paralegal. His comment about being under investigation is likewise irrelevant. Given his current demeanor, I would say it is high time he was under investigation for failure to follow a lawful order or conduct unbecoming. Miranda rights have nothing to do with following any order or being charged, they are only relative if one is the subject of a custodial interrogation.

Response by SSG Private RallyPoint Member made Aug 3 at 2016 5:18 AM

SSG Private RallyPoint Member — Wed, 03 Aug 2016 05:18:38 -0400

Thanks for the info all. Does anyone know off the top of their head the actual regulation that legally spells out that he has to follow orders of a senior NCO unless illegal/immoral/unethical/etc.?

Response by SSG Private RallyPoint Member made Aug 3 at 2016 2:38 PM

SSG Private RallyPoint Member — Wed, 03 Aug 2016 14:38:15 -0400

Follow up - I spoke with his CoC who just took over and they are absolutely supportive that "No one is above the law" and are going to bring the Soldier in line.

Response by 1SG Private RallyPoint Member made Aug 3 at 2016 2:52 PM

1SG Private RallyPoint Member — Wed, 03 Aug 2016 14:52:21 -0400

WTF?
A Paralegal NCO runs the place?
Sounds like an opportunity for the paralegal to get acquainted with a pair-of-boots in his ass.
He obviously feels that he has top cover from his boss.
Since you might be in the legal office for a reason, you need to call in a designated hitter from your CoC to have a chat with this cat's boss.

Law? I am the Law!

Response by SPC Private RallyPoint Member made Aug 3 at 2016 3:43 PM

SPC Private RallyPoint Member — Wed, 03 Aug 2016 15:43:07 -0400

Well SSG, I'm a Junior/Paralegal myself so not sure how to handle that exactly... My best suggestion would be to document everything and if he's not the JAG NCOIC I would bring it up with the NCOIC or perhaps speak to a JA about the conduct to see if there's anything he's doing that's blatantly wrong.

I can definitely see where Legal can confuse other Soldiers with UCMJ as it can be a one hell of a tedious read but he's not above the law, none of us are above the Holy Doctrine that is UCMJ.

Response by CW3 Kevin Pfanstiel made Aug 4 at 2016 6:24 PM

CW3 Kevin Pfanstiel — Thu, 04 Aug 2016 18:24:09 -0400

Refer to the MCM. Familiarize him with it, and counsel him to enlighten him!

Response by TSgt Jennifer Disch made Aug 4 at 2016 10:33 PM

TSgt Jennifer Disch — Thu, 04 Aug 2016 22:33:18 -0400

He or she can't give legal advice. Let me talk to them. I was/am a paralegal.

Response by SGT Private RallyPoint Member made Aug 5 at 2016 4:41 AM

SGT Private RallyPoint Member — Fri, 05 Aug 2016 04:41:38 -0400

IAW ATP 3-39.12, if a Commissioned Officer, Warrant Officer, Petty Officer, Noncommissioned Officer, or those operating within a law enforcement capacity suspect a person subject to the UCMJ of committing an offense, the person must be warned of their legal rights, and DA Form 3881 must be completed.

I say this not to side with someone who sounds like a less than irreproachable Soldier, but if an investigation begins with a violation of a Soldier's rights (even if it is at the 15-6 level), even a bad attorney will see that the entire investigation and all subsequent evidence is suppressed.

Response by Capt Private RallyPoint Member made Aug 18 at 2016 11:35 PM

Capt Private RallyPoint Member — Thu, 18 Aug 2016 23:35:39 -0400

The paralegal must have been absent the day they taught legal at his class.