Legal services a necessity for service members.(Commentary)

I HAVE A SON IN THE MILITARY. My husband is a veteran. My personal experience makes me accutely aware now, more than ever, of the extraordinary demands continuously being placed on American service members and their families, particularly those subject to deployment or multiple deployments.

Did you know that the majority of service members qualify as low-income or below the federal poverty line? Of the host of problems facing our service members, they tend to have more family law, contract, consumer credit, tax and estate issues requiring legal counsel than ever before.

The greater dispersion of forces, with smaller, more mobile units, has challenged the capacity of military lawyers to adequately provide legal assistance to service members deployed overseas, as well as those stationed at home. A significant percentage of deployed service members require relatively complex legal assistance in the field of family law issues.

Why is this important? The military services acknowledge a correlation between availability of legal assistance and troop readiness in the field. Many military men and women leave families, homes, jobs and contract obligations to enter battle zones. Some of them face these issues as a direct result of their service. Sadly, many of these service members are teenagers and are ill equipped to make lasting decisions such as those regarding wills, health care directives, guardianship or custody issues, life insurance beneficiaries, contract obligations, etc.

A body of law exists designed to ensure service members' rights are not prejudiced by active duty. But it is meaningless unless properly enforced. The existing legal assistance statute, 10 U.S.C. Section 1044, provides for delivery of legal assistance to military personnel "as resources permit." Thus, critical assistance to those willing to make the ultimate sacrifice for their nation is not a mandate. It is discretionary.

The position of the American Bar Association is that legal assistance for military service members in pay grades E-6 and below, as well as their dependents, should be guaranteed as a matter of right.

What is the pay for grades E-6 and below? Available figures indicate the first year a service member earns about $2,176 per month, increasing in pay grade level to $2,709 per month (six-plus years). Interestingly these pay levels correspond to Legal Aid guidelines for the civilian population.

But it is not just service members who concern the ABA. The ABA position is that dependents must be covered too. Failing to include dependents in a legal assistance mandate leaves them vulnerable, affecting the deployed service member's active duty life and transition to civilian life.

To help address these problems, the ABA has recommended legislation to amend 10 U.S.C. 1044. The significant language in the ABA proposal provides: "Subject to the direction and control of the Secretary concerned, the Secretary shall provide legal assistance in connection with their personal civil legal affairs and in support of military readiness to members of the armed forces who are on active duty and who are at pay grade E-6 or at lower pay grade, and to their dependents." A legal assistance officer, a host nation attorney or legal adviser, or a volunteer civilian attorney may provide legal assistance.

Is there opposition to the ABA proposal? Yes. There are those who argue it makes a new "mandatory spending item." The ABA counters that the request seeks merely a guarantee of a fraction of historic funding levels. Without the mandate, legal assistance will compete for a larger legal services pool of money.

There has been progress by the services over the years, helped by legal technology, to provide such aids as wills, medical directives, tax tools and powers of attorney. Many military and civilian lawyers deliver first-rate legal assistance to their clients.

But the trend is to ask a decidedly overtaxed pool of professionals to accomplish more than they are able. An entitlement statute would ensure adequate staffing and ensure legal assistance from budget pressures. Now, more than ever, a legislative mandate for military legal assistance is imperative.

Attorney Donna C. Pettus of Fayetteville will be sworn in June 12 as the 112th president of the Arkansas Bar Association.

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