VWAP Legal Community and Trial Counsel - S-1 Procedural Page

Role and responsibility

The Officer in Charge, Legal Services Support Team (LSST) appoints a Legal Services VWAC in writing per MCO 5800.16MCO 5800.16 Chapter 4 paragraph 040904(B)(1). The Trial Service Office (TSO) enters all VWAP data into the electronic military justice case management system per paragraph 040904(E)(3). Trial counsel issues DD Form 2702 after preferral per paragraph 040904(F)(2), DD Form 2703 at post-conviction per paragraph 040904(F)(10), and completes DD Form 2704 in confinement cases per paragraph 040904(F)(11). The Chief Trial Counsel (CTC), Regional Trial Counsel (RTC), and Senior Trial Counsel (STC) of the LSST ensure LSST VWAC Council assignment per paragraph 040904(E)(5). The Victims Legal Counsel (VLC) per MCO 5800.16 Volume 4 and 10 U.S.C. 1044e carries the victim legal counsel role. U.S. Navy OJAG Code 46 carries the appellate-stage point of contact for victims who elect notification.

Source documents flow from the preferral of charges, the trial counsel disposition record, the victim's notification election per DD Form 2702, the trial milestone schedule, the courtroom waiting area plan, the victim property log, the post-conviction record per DD Form 2703, the confinement adjudication record per DD Form 2704, the LSST data on DD Form distribution per paragraph 040904(F)(12), and the OJAG Code 46 handoff per paragraph 040904(F)(13)(b). Outputs include the appointed LSST VWAC, the electronic case management entries, the issued DD Forms 2702-2704, the documented victim notifications at each milestone, the provided separate waiting area, the returned victim property, the OJAG Code 46 contact information forwarding for appeal-election victims, and the audit trail.

Per paragraph 040904(F)(3), trial counsel notifies victims of the right to seek assistance from a Victims Legal Counsel prior to conducting any interviews with the victim. Per paragraph 040904(F)(6), trial counsel provides a separate waiting area out of sight and hearing of the accused and defense witnesses. Per paragraph 040904(F)(11), trial counsel completes DD Form 2704 at the conclusion of every court-martial in which confinement is adjudged.

Trigger events

• LSST stand-up triggering LSST VWAC appointment.
• Charge sheet preferral triggering DD Form 2702 issuance.
• Victim interview triggering VLC notification per paragraph 040904(F)(3).
• Trial event or procedural milestone triggering notification per paragraph 040904(F)(3).
• Courtroom proceeding requiring separate waiting area per paragraph 040904(F)(6).
• Victim property in trial counsel possession requiring safeguarding per paragraph 040904(F)(9).
• Court-martial conviction triggering DD Form 2703 per paragraph 040904(F)(10).
• Court-martial with confinement triggering DD Form 2704 per paragraph 040904(F)(11).
• Appeal initiation triggering OJAG Code 46 handoff per paragraph 040904(F)(13)(b).
• Rehearing on findings or sentence triggering OJAG Code 46 coordination per paragraph 040904(F)(13)(c).
• Quarterly TSO reporting cycle per paragraph 040904(E)(4).
• IGMC VWAP FA inspection covers Legal Community (Section 04.0).

Processing workflow

1. Appoint the LSST VWAC. Per MCO 5800.16MCO 5800.16 Chapter 4 paragraph 040904(B)(1), the OIC LSST appoints the Legal Services VWAC in writing by name, title, duty address, and telephone number.
2. Enter VWAP data in electronic case management. Per paragraph 040904(E)(3), the TSO enters all VWAP data into the electronic military justice case management system.
3. Report TSO quarterly data. Per paragraph 040904(E)(4), the TSO reports the total number of victims and witnesses provided DD Forms 2702 and 2703, and the total number electing prisoner status change notification via DD Form 2704, to the Installation VWLO quarterly.
4. Assign LSST VWAC to Council. Per paragraph 040904(E)(5), the CTC, RTC, and STC of the LSST ensure each LSST VWAC is assigned to the Victim and Witness Assistance Council on installations the LSST supports.
5. Notify victim of VLC right before interviews. Per paragraph 040904(F)(3), trial counsel notifies victims of the right to seek assistance from Victims Legal Counsel prior to any victim interview.
6. Issue DD Form 2702 after preferral. Per paragraph 040904(F)(2), trial counsel or the LSST VWAC provides all victims and witnesses with DD Form 2702 (Court-Martial Information for Victims and Witnesses of Crime) and determines their elections as to those rights.
7. Notify at trial milestones. Per paragraph 040904(F)(3), trial counsel provides timely notification of the required trial events and procedural milestones. If the victim is represented by VLC, notifications route through the VLC.
8. Provide separate waiting area. Per paragraph 040904(F)(6), during court-martial proceedings, detailed trial counsel ensures victims, victim witness support personnel, and prosecution witnesses receive a waiting area separate from and out of sight and hearing of the accused and defense witnesses.
9. Safeguard victim property. Per paragraph 040904(F)(9), when trial counsel holds a victim's or witness's property, trial counsel safeguards the property as evidence and returns it as soon as possible with due consideration of appeals and post-trial requirements.
10. Issue DD Form 2703 post-conviction. Per paragraph 040904(F)(10), at the conclusion of a court-martial resulting in a conviction, detailed trial counsel informs victims and witnesses about the post-trial process and provides each a completed DD Form 2703 (Post-Trial Information for Victims and Witnesses).
11. Complete DD Form 2704 at confinement. Per paragraph 040904(F)(11), at the conclusion of every court-martial in which confinement is adjudged, trial counsel completes DD Form 2704 and provides copies to the confinement facility, victim and witnesses entitled to a copy, and responsible VWACs.
12. Maintain LSST data. Per paragraph 040904(F)(12), LSST Trial Counsel or LSST VWACs maintain data on the number of victims and witnesses provided DD Forms 2702 and 2703, and the number electing prisoner status change notification using DD Form 2704.
13. Determine appeal-election. Per paragraph 040904(F)(13)(b), the LSST VWAC or trial counsel determines whether victims and witnesses elect to receive further information and updates regarding appeals.
14. Forward to OJAG Code 46. Per paragraph 040904(F)(13)(b), the LSST forwards contact information for all victims electing further information on DD Form 2704 to U.S. Navy OJAG (Code 46).
15. Coordinate rehearing. Per paragraph 040904(F)(13)(c), in cases remanded for rehearing on findings or sentence, the LSST VWAC coordinates with U.S. Navy OJAG (Code 46) to re-assume the role as primary point of contact for victims and witnesses associated with the case.

Systems of record and forms

Systems

• Electronic Military Justice Case Management System. Per paragraph 040904(E)(3).
• LSST and TSO Case Records. Hold trial counsel records and DD Form distribution data.
• U.S. Navy OJAG Code 46. Receives appellate-stage victim contact information per paragraph 040904(F)(13)(b).
• LSST VWAC Distribution Tracker. Per paragraph 040904(F)(12).

Forms

• DD Form 2702 Court-Martial Information for Victims and Witnesses. Per paragraph 040904(F)(2).
• DD Form 2703 Post-Trial Information for Victims and Witnesses. Per paragraph 040904(F)(10).
• DD Form 2704 Victim and Witness Certification of Notification. Per paragraph 040904(F)(11).
• LSST VWAC Appointment Letter. Per paragraph 040904(B)(1).
• OJAG Code 46 Handoff Memorandum. Per paragraph 040904(F)(13)(b).

Common pitfalls

• LSST VWAC appointment missing. Per paragraph 040904(B)(1), the OIC LSST appoints in writing.
• DD Form 2702 not provided after preferral. Per paragraph 040904(F)(2), trial counsel or LSST VWAC provides at preferral.
• Trial counsel interviews victim without notifying of VLC right. Per paragraph 040904(F)(3), notification of VLC right runs prior to interviews.
• Notifications not routed through VLC when victim has counsel. Per paragraph 040904(F)(3), the VLC carries the channel.
• Separate waiting area not provided. Per paragraph 040904(F)(6), the waiting area separates from and is out of sight and hearing of the accused and defense witnesses.
• Victim property not returned post-trial. Per paragraph 040904(F)(9), trial counsel returns property as soon as possible with due consideration of appeals.
• DD Form 2703 not provided post-conviction. Per paragraph 040904(F)(10), the form provides at conviction.
• DD Form 2704 not completed at confinement. Per paragraph 040904(F)(11), the form completes at confinement adjudication and distributes to the facility, the victim or witness, and the VWAC.
• Quarterly TSO reporting missed. Per paragraph 040904(E)(4), the TSO reports DD Form 2702-2704 totals to the IVWLO quarterly.
• LSST VWAC not assigned to Council. Per paragraph 040904(E)(5), the CTC/RTC/STC ensure Council assignment.
• Appeal-election contact information not forwarded to OJAG Code 46. Per paragraph 040904(F)(13)(b), the LSST forwards to OJAG Code 46.

Decision points

• Notification routing (VLC versus direct). Per paragraph 040904(F)(3), routing flows through the VLC when the victim is represented.
• Separate waiting area location. Per paragraph 040904(F)(6), the location supports separation from the accused and defense witnesses.
• Property return timing. Per paragraph 040904(F)(9), return runs as soon as possible after due consideration of appeals and post-trial requirements.
• DD Form 2704 confinement notification election. The victim elects on DD Form 2704 to receive notification of prisoner status changes.

Authority

This sub-page sits under MCO 5800.16MCO 5800.16 Chapter 4 paragraph 040904 (Legal Community) with sub-paragraphs (B)(1) (LSST VWAC), (E)(3)-(4)-(5) (Electronic Case Management, Quarterly Reporting, Council Assignment), and (F)(2)-(3)-(6)-(9)-(10)-(11)-(12)-(13)(b)-(13)(c) (Trial Counsel Duties). MCO 5800.16 Volume 4 covers the Victims Legal Counsel Organization. 10 U.S.C. 1044e covers Special Victims Counsel. The IGMC VWAP FA Checklist Section 04.0 items 0401-0417 audit Legal Community compliance.

Related references

• MCO 5800.16 Chapter 4 paragraph 040904. Legal Community framework.
• MCO 5800.16 Volume 4 and 10 U.S.C. 1044e. VLC and Special Victims Counsel.
• DD Forms 2702-2704. Trial counsel forms.
• IGMC VWAP FA Checklist Section 04.0. Audit baseline.