Photo By Capt. Phil Fountain | Capt. Michael J. Kirkland, state defense counsel for the Texas Air National Guard,...... read more read more
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JOINT BASE SAN ANTONIO-LACKLAND, Texas (March 15, 2016) – The Texas Air National Guard recently launched a statewide Trial Defense Service program to benefit airmen and commanders. The Texas program, part of an Air National Guard model, is one of 15 to be implemented among the 54 American states and territories.
“Individual states have been encouraged to participate in the program to facilitate zealous representation, within the bounds of the law for all ANG members, while also facilitating timely justice for accused and command alike,” said Col. Thomas A. Biediger, state judge advocate for the Texas Air National Guard.
The new TDS structure attempts to standardize and improve defense services across the Air National Guard, Biediger said. Airmen suspected of wrongdoing or facing potential disciplinary actions are provided with legal representation in the form of an area defense counsel.
“Within Texas, Deputy SJAs (Staff Judge Advocates) at each of the wings has typically provided defense services as their primary duty,” Biediger said. “While the preference has been for DJSAs to represent clients from other wings, DSJAs have in some cases provided defense support to members of their own wing, when the client executes a written waiver of the potential conflict.”
A goal of this new, independent structure is to remove this potential conflict of interest and benefit airmen.
“The ADC is an experienced judge advocate outside the local chain of command and offers airmen the ability to receive completely confidential legal advice,” said Lt. Col. David M. Houghland, the Air National Guard’s assistant to the director of the U.S. Air Force’s judiciary Air National Guard chief defense counsel.
“Airmen benefit from this program due to its independent structure,” Houghland said. “Area defense counsel can zealously advocate for their client without fear of unlawful command influence. Furthermore, airmen benefit from services provided by other state defense counsel where in-state conflicts may exist.
This new process also frees up legal resources at the wing-level to improve legal support to commanders and seeks to bolster integrity and confidence in the system.
Capt. Michael J. Kirkland of El Paso, Texas, was named the Texas Air National Guard’s first state defense counsel under this initiative.
Kirkland is a graduate of Texas Tech University School of Law and received a direct commission as an Air Force judge advocate. He served on active duty for five years, deploying twice to Afghanistan, before transitioning to the Texas Air National Guard to accept this position.
“It is about helping your fellow airmen who can be facing a difficult time in his or her life,” Kirkland said.
“My legal and moral obligation is to my client, who is also my fellow airman,” Kirkland said. “You are their counselor, explaining the law and Air Force instructions to them. You are their advisor, giving them candid advice as what they should or should not do. You are their advocate, voicing their position at all levels of their command.”
Kirkland brings unique experiences to this position as well. Before earning his commission, he served as an enlisted member of the U.S. Army Reserve and then in the Texas Air National Guard.
As a civilian, Kirkland works as an attorney with the Texas Workforce Commission, an Austin-based state agency that is “charged with overseeing and providing workforce development services to employers and job seekers of Texas,” according to their public website.
“I hope it allows me to have a good perspective in understanding my fellow airmen and what they are going through,” Kirkland said. “I was an Army private and understand what it means to be the lowest ranking person in the room.”
Kirkland supports all of the Texas wings and regularly travels across the state for appointments at each wing and at their geographically separated units.
“Being independent of the wings, hopefully, lets airmen know I work for them and I am not afraid to advocate for them,” Kirkland said.
“In life, perception means a lot,” he said. “If an airman is facing action from his group or wing commander and I am rated or senior rated by them, that airman might not feel like I represent their best interest.”
In addition to advocacy provided to airmen, the ADC program provides career broadening for ANG JAGs.
“Regular Air Force judge advocates have numerous developmental opportunities that previously ANG judge advocates did not have,” Houghland said. “In the past, an ANG judge advocate had only one position under the rank of lieutenant colonel.
“The ANG judge advocate career path now includes positions as assistant staff judge advocate, area defense counsel, special victim’s counsel, senior defense counsel, senior special victim’s counsel, and deputy staff judge advocate,” Houghland said. “In the near future, regional defense counsel will also be included in the career path,” he said.
Houghland said these new opportunities will provide junior officers with the opportunity to gain greater advocacy and supervisory experience.
“Advocacy and supervisory experience naturally produces better staff judge advocates,” Houghland said.
The Texas Air National Guard can expect to benefit from this program for years to come.
“We are thrilled that Capt. Kirkland has gotten this program up and running,” Biediger said. “This is a value-added resource for our commanders that directly benefits our Texas airmen.”
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| Date Taken: | 03.15.2016 |
| Date Posted: | 04.16.2016 16:04 |
| Story ID: | 195583 |
| Location: | SAN ANTONIO, TX, US |
| Hometown: | EL PASO, TX, US |
| Web Views: | 396 |
| Downloads: | 1 |
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