DEPARTMENT OF THE AIR FORCE …

1 AFI51-110_AFGM2018-01 15 May 2018 MEMORANDUM FOR DISTRIBUTION C MAJCOMs/FOAs/DRUs FROM: AF/JA SUBJECT: Air FORCE Guidance Memorandum for AFI 51-110, Professional Responsibility Program RELEASABILITY: There are no releasability restrictions on this publication. By Order of the Secretary of the Air FORCE , this AF Guidance Memorandum (AFGM) provides policy changes to AFI 51-110, Professional Responsibility Program (dated 5 August 2014). Compliance with this Memorandum is mandatory.

2 To the extent its directions are inconsistent with other Air FORCE publications, the information herein prevails, in accordance with AFI 33-360, Publications and Forms Management. In advance of a rewrite of AFI 51-110, the Attachment to this Memorandum is updated to provide new guidance for the placement of subject attorneys on probation or interim suspension. This publication applies to the same personnel to which AFI 51-110 applies as set forth in AFI 51-110, paragraph 2. An asterisk (*) indicates newly revised material. Ensure all records created as a result of processes prescribed in this Memorandum are maintained in accordance with AF Manual (AFMAN) 33-363, Management of Records, and disposed of in accordance with the Air FORCE Records Disposition Schedule (RDS) located at This memorandum becomes void after one-year has elapsed from the date of this memorandum, or upon publication of an Interim Change or rewrite of the affected publication, whichever is earlier.

3 CHRISTOPHER F. BURNE Lieutenant General, USAF The Judge Advocate General Attachment Guidance Changes DEPARTMENT OF THE AIR FORCE HEADQUARTERS, UNITED states AIR FORCE WASHINGTON, DC 2 AFI51-110_AFGM2018-01 15 MAY 2018 ATTACHMENT Guidance Changes The below changes to AFI 51-110, dated 5 August 2014, are effective immediately. TJAG s Professional Responsibility Administrator (TPRA). TPRA is assigned to the Professional Development Directorate (HQ USAF/JAX). TPRA will carry out overall administration and management of TJAG s Professional Responsibility Program. TPRA reports to TJAG through the Director, Professional Development Directorate, on all professional responsibility matters.

4 TPRA will provide general guidance on professional responsibility matters to AFJAGC members and will refer matters and provide assistance to TJAG s Advisory Committee on Professional Responsibility and Standards as appropriate. TPRA will provide monthly case reports to the Director, Professional Development Directorate (HQ USAF/JAX) and Advisory Committee. The permanent members of the Advisory Committee are the Director, USAF Judiciary (AFLOA/JAJ), Director, Civil Law and Litigation (AFLOA/JAC), and Deputy Director, Administrative Law (HQ USAF/JAA). If any permanent member is conflicted from serving or otherwise unavailable, the Director, Professional Development Directorate, may replace the member with the director or associate director of any Air Staff or AFLOA directorate, provided that the substitute member is in the grade of O-6/GS-15 or higher.

5 Additionally, the Reserve Advisor to TJAG (HQ USAF/JA) will augment the Advisory Committee in any case involving Reserve and ANG members. The Air FORCE Paralegal (5J) Career Field Manager, Professional Development Directorate (HQ USAF/JAX), will augment the Advisory Committee in any case involving a military paralegal. TJAG may appoint members to the Advisory Committee when necessary to provide expertise in a particular area or to replace a member when no substitute is available from Air Staff or Air FORCE Legal Operations Agency directorate. The senior active duty member on the Advisory Committee will be the chairperson.

6 Attachment 7 AIR FORCE STANDARDS FOR CRIMINAL JUSTICE The Air FORCE Standards for Criminal Justice (AFSCJ or the Standards) are directly adapted from the American Bar Association (ABA) Standards for Criminal Justice. The Standards have been specifically adapted to the unique needs and demands of Air FORCE legal practice. Although in adapting the Standards every effort was made to resolve incons istenc ies, in the event of conflict, the Uniform Code of Military Justice ( UCMJ), MCM, Air FORCE Instructions (AFI), the Air FORCE Rules of Professional Conduct (AFRPC or the Rules), case law, and the Air FORCE Uniform Code of Judicial Cond uc t (AFUCJC) will control.

7 In the event of conflict between the Standards and the ethics rules of a lawyer s licens ing state, the Standards will control in trials by courts-martial and related proceedings. AFI51-110_AFGM2018-01 15 MAY 2018 3 The AFSCJ applies to all military and civilian lawyers, paralegals, and nonlawyer assistants in The Judge Advocate General s Corps, USAF. This includes host nation lawyers, paralegals, and other host nation personnel employ ed overseas by the DEPARTMENT of the Air FORCE , to the extent the Standards are not inconsistent with their domesti c law and professional standards.

8 They also apply to all lawyers, paralegals and nonlawyer assistants who practice in Air FORCE courts and other proceedings, including civilian defense counsel (and their assistants) , with no other connection to the Air FORCE . Staff judge advocates (SJA) and Air FORCE military defense cou nsel working with defense counsel from outside the Air FORCE should ensure outside counsel are aware of the Standards and have ready access to them. Some of the ABA standards are not applicable to the unique requirements of military practice, and cons equently, were not included.

9 Air FORCE standa rds that contain substantive modifications are annotated accordingly. Terminology changes made to conform a standard to Air FORCE practice are not so annotated. The following chapters of the ABA Standards a pply to Air FORCE practice, except as indicated or qualified in the text. INDEX TO APPLICABLE ABA STANDARDS FOR CRIMINAL JUSTICE Chapter 3 Chapter 1. The Prosecut ion Function Chapter 4 Chapter 2. The Defense Function Chapter 6 Chapter 3. Special Functions of the Trial Judge Chapter 8 Chapter 4. Fair Trial and Free Press Chapter 11 Chapter 5. Discovery AIR FORCE STANDARDS FOR CRIMINAL JUSTICE CHAPTER 1.

10 THE PROSECUTION FUNCTION Section I. General Standards Standard 3-1. 1 The Function of the Standards Standard The Function of the Prosecutor Standard 3-1. 3 Conflicts of Interest Standard 3-1. 4 Public Statements Standard 3-1. 5 Duty to Respond to Misconduct Section II. Organization of the Prosecution Function Standard 3-2. 1 Prosecution Authority to be Vested in a Public Official Standard 3-2. 2 Interrelations hip of Prosecution Offices within a State Standard 3-2. 3 Assuring High Standards of Professional Skill Standard 3-2. 4 Special Assistants, Investigative Resources, Experts Standard 3-2.