U.S. v. Brunson, 59 M.J. 41

Military Justice Personnel: Defense Function: Appellate Counsel

1. CAAF Rule 30(a) requires that motions contain the factual or legal grounds for requesting relief; "administrative oversight" is merely a conclusion that provides neither a factual nor a legal basis for the relief sought
2. appellate practitioners should be on notice that this Court will not countenance further disregard of the Rules of Court and case law; in so ruling, this Court emphasizes that disregard for the Rules besmirches the image of military justice; this Court does not condone disregard of the Rules by accepting late filings when the delay seems to be the result of neglect and carelessness, and it shall consider appropriate sanctions in the event of flagrant or repeated disregard of the Rules

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. CAAF Rule 30(a) requires that motions contain the factual or legal grounds for requesting relief; "administrative oversight" is merely a conclusion that provides neither a factual nor a legal basis for the relief sought
2. appellate practitioners should be on notice that this Court will not countenance further disregard of the Rules of Court and case law; in so ruling, this Court emphasizes that disregard for the Rules besmirches the image of military justice; this Court does not condone disregard of the Rules by accepting late filings when the delay seems to be the result of neglect and carelessness, and it shall consider appropriate sanctions in the event of flagrant or repeated disregard of the Rules

Miscellaneous Matters: Professional Responsibility / Ethics: Generally

1. counsel have a responsibility to aggressively represent clients before military trial and appellate courts; if counsel fail to comply with the basic rules of this Court, they risk compromising their client’s rights and protections; attorneys must adequately protect the appellate rights of their clients, comply with the Rules of Practice and Procedure of this Court, and provide competent and timely appellate representation
2. this Court has adopted the ABA’s Model Rules of Professional Conduct as the rules of conduct for members of the Bar of this Court; those Model Rules require that counsel shall act with reasonable diligence and promptness in representing a client; the comment to Rule 1.3 provides that a lawyer’s work load must be controlled so that each matter can be handled competently
3. appellate practitioners should be on notice that this Court will not countenance further disregard of the Rules of Court and case law; in so ruling, this Court emphasizes that disregard for the Rules besmirches the image of military justice; this Court does not condone disregard of the Rules by accepting late filings when the delay seems to be the result of neglect and carelessness, and it shall consider appropriate sanctions in the event of flagrant or repeated disregard of the Rules