FAQ'S ABOUT THE 7th CIVIL AFFAIRS REGIMENT, NEW YORK GUARD 

This memorandum is to provide information to lawyers interested in rendering patriotic, part-time, pro-bono legal assistance to your State and Country by becoming officers in the New York Guard. As we enter a time of increased military activation, there is a real need for lawyers to render service. The time commitment is not substantial and it is an excellent way to make a pro bono contribution.

Before you stop reading, let us assure you that we are not talking about getting "called up" and sent to the Middle East. We are also not talking about putting on a camouflage uniform and walking around LaGuardia with an M-16, although the people who do that are close cousins of ours. The New York State Army National Guard performs those functions. Like the New York State Army National Guard, the New York Guard is under the command of the Governor and the Division of Military and Naval Affairs, but we are not subject to federal activation. The New York Guard's mission is to support the Army National Guard for home defense, and as lawyers, our specific mission is preparing both National Guard and military reservists for deployment by taking care of their legal needs before they are sent out of State. The U.S. military believes that when a soldier is put in harm's way he/she should be provided peace of mind by knowing that his family is taken care of and that his wishes for his estate will be carried out. It's an important morale builder and we believe that we make a meaningful contribution to the welfare of our soldiers.

How are we organized?
The New York Guard is organized in an Army Division and an Air Division. The New York Guard replaces the New York National Guard when it is sent overseas, or provides supplemental support in New York to the New York National Guard. Some of the Brigades within the Army Division, including the 88th Brigade, include a Civil Affairs Regiment, such as our 7th Regiment. These Civil Affairs Regiments are the "professional" unit comprised mainly of lawyers and judges who provide services to both the New York National Guard, as well as to all other branches of the US military, usually Reserves. There are Civil Affairs Regiments located in NYC, and one each in Buffalo, Garden City, Albany, and Yonkers.

What do we do?
Our activities are broken into two phases: Operations and Training.

Operations
"Operations" means the delivery of legal or military support services as directed. Our most significant operations are called Legal Service Operations - "LSOs." We enter onto military bases in New York and walk soldiers from all branches of service on an individual basis through a software program we have on our laptops, and depending on their answers, create for them any or all of the following: Wills, Powers of Attorney, Health Care Proxies, and Living Wills. We print them out on portable printers right there; we witness and notarize them, and send the soldiers on their way. You don't have to be a T&E lawyer to do this; any law school graduate can figure out what to do very quickly.

In addition to, or sometimes as part of, LSOs, we will present lectures and PowerPoint® presentations to military units on their rights as servicemembers under federal law. Federal law provides broad protections for returning servicemembers with regard to both civil litigation and employment rights, and we explain to the troops what those protections are and how to make sure they receive them.

An additional operation that we have undertaken is staffing of a legal services office on one of the military bases in New York City once or twice per month, usually on Saturday mornings. These are pre-set appointments with soldiers who have identified particular legal problems.
Finally, we provide instruction to the Human Resources and Legal Departments of substantial companies within the Tri-State area concerning their obligations to employees with federal military commitments.

Training
Training is an essential component behind every military operation. By necessity, we spend more time training than in operations, so that we can be ready on a moment's notice for any operation that we are called upon to do. Training takes several forms.

First, we have voluntary monthly meetings ("drills") on a weekday evening. These drills serve two functions: fostering and maintaining a spirit of camaraderie among the members of the Regiment, and providing instruction, usually on a legal subject that we can use in our operations, although sometimes on a general military subject ("GMS") of interest to members. These drills rarely, if ever, involve physical activity, although we have had weapons orientation and fundamentals of marching for officers without prior military experience.

In addition, the Regiment sponsors an Annual Training (AT) CLE program for military lawyers, usually over a two day period in Spring.

These are the main training activities sponsored by the Regiment. In addition, the 12th Regiment Training Institute of the NYG conducts continual training in military protocol and orientation (Basic Officer Training) and other GMS, which you can attend optionally, and the Army Division holds a one-week Annual Training program, usually in late July.

Is my participation in Training or Operations Mandatory?
No. We are a volunteer organization and we do not mandate you to do anything. The closest we get is to "strongly encourage" you. We "strongly encourage" you to attend the monthly drills, and we "strongly encourage" you to volunteer for whatever operations your calendar allows.

The best way to illustrate this is by example. There are 50 or 60 enrolled members in the NYC Regiment. However, there is a smaller group who deploy about once a month on weekend missions. Sometimes, if we're supposed to work both Saturday and Sunday, some of those people come only one day, or arrive late, or leave early if they have another scheduled matter to which they must attend. We're glad that they gave whatever time that weekend they had. Almost everyone comes to the monthly drill. There, the Commander will remind the group of each member's obligation to participate in the weekend missions when possible.

But if you can't do a particular weekend, or you can only do one or one and a half days, you will be accommodated.

In sum, in either the active or inactive status, it takes a pattern of deliberate non-participation for there to be any consequences. And if someone didn't want to participate in the service end of the mission at all, you have to wonder why they belong. It is really a question of professionalism, both as a lawyer and a soldier. In any event, the only penalty for non-participation is being dropped from the rolls of the unit, although that is extremely rare.

Where do we do it?
In the pre-activation status that we're currently in, we service military units in the five boroughs of New York City, but there are opportunities for service in other counties near NYC and upstate as well.

Is prior military experience required?
It is preferred, but not at all required.

What about rank?
Lawyers are commissioned officers just as JAG lawyers are in the U.S. Army. Junior lawyers come in as Lieutenants unless they have prior military experience (including non-legal). Non-lawyers may come in as officers or enlisted soldiers, depending on whether they have prior military experience and/or the nature of their civilian occupations.

If you are wondering how you learn to be an Officer or soldier with no prior military experience, the members of the Regiment with military experience are quite generous and patient in showing you how. You will learn to whom and when to salute, and you will learn to march, at least a little. Most importantly, you will learn military protocol. None of this is at all complicated. It is really a question of showing politeness and respect.

In addition, the NYG has weekend officer and enlisted training programs for those with no prior military experience. These are generally a lot of fun, not physically demanding, and allow you to learn about an area that you didn't know about previously.

Do we get paid?
Generally not. We are strictly volunteers. There are rare occasions for volunteering for "active duty," such as after 9/11, in which you do get paid.

Are there costs involved?
Yes. As officers, you are expected to pay for your own uniforms. You need the dress, service green uniform with the gold buttons (known as Class A), and at least one set of the camouflage uniforms (known as BDUs, for Battle Dress Uniform). The former is worn for presentations and meetings and the latter for missions. We have to look like the soldiers we service. The complete cost ranges from $300-$500.

For enlisted personnel, the NYG provides the necessary uniforms at no cost to the soldier.

Also, if possible, you should acquire a notebook computer and preferably a portable printer. We will give you the licensed software and show you how to operate it. This is not required; witnesses, notaries, and lecturers are as necessary to our mission as draftspersons, but having a computer/printer increases your utility. You can obtain a more than sufficient laptop computer for under $800 and a printer for less than $100.

Conclusion
Until relatively recently in our Nation's history, military service was something that every male was required to do as part of the privilege of being a citizen. The New York Guard gives you a great opportunity to use your legal training to provide military service to your country on a part-time, no risk basis. If this is something that appeals to you, email 1LT David Gold for more information.