Posted on Aug 2, 2016
How do you handle a JAG Soldier who acts "Above the Law"?
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How do you handle a JAG Paralegal NCO (E5) who says they legally can ignore a senior NCO's orders because they are not under investigation/haven't had his miranda rights read/etc. This Soldier repeatedly acts like he is "Above the Law" and will attempt to confuse Seniors on the legality of their questions when inquiring into his possible misconduct. I already plan to take it up with his CoC.
Posted in these groups: 
JAG
Discipline
JAG Discipline
Posted >1 y ago
Responses: 10
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WTF?
A Paralegal NCO runs the place?
Sounds like an opportunity for the paralegal to get acquainted with a pair-of-boots in his ass.
He obviously feels that he has top cover from his boss.
Since you might be in the legal office for a reason, you need to call in a designated hitter from your CoC to have a chat with this cat's boss.
Law? I am the Law!
A Paralegal NCO runs the place?
Sounds like an opportunity for the paralegal to get acquainted with a pair-of-boots in his ass.
He obviously feels that he has top cover from his boss.
Since you might be in the legal office for a reason, you need to call in a designated hitter from your CoC to have a chat with this cat's boss.
Law? I am the Law!
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Follow up - I spoke with his CoC who just took over and they are absolutely supportive that "No one is above the law" and are going to bring the Soldier in line.
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SPC (Join to see)
Sounds good SSG, a Paralegal should be above this kind of BS. Disrespecting the JAG Corps doing that.
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First off, as a fellow E-5 Paralegal, this guy sounds like a clown (assuming this is an accurate portrayal of the situation). There is no remedy in the law for someone to refuse an order. Oh and by the way all orders are presumed to be lawful and military appellate courts have held that someone who disobeys an order does at his/her own peril. But, I will say that if someone intends to question him about his misconduct they should first advise him of his Article 31 rights. Contact your JAG office for their recommendation.
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PO1 Tony Holland
Agreed --- as we all should know, barracks lawyers ( like the alleged perp ) are a dime a dozen and their opinions are worth even less.
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SSG (Join to see)
The incident is question was the Soldier potentially violating a base alcohol policy. I was asking questions to find out if he was indeed in violation or if it was a misunderstanding. It was immediately after I saw him commit the alleged violation. He is the only paralegal in my commands JAG so I will speak to the SJA if necessary. Thanks for the info.
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SGT (Join to see)
With that knowledge, then he is indeed in trouble for what he said and done. I was about to explain away few where in some MOS's or Extra Duties where that position does outweigh rank. But with one I will. It would be UPL (Unit Prevention Leader), where the only real people above that person would be the Head UPL and the Commander, and whoever the Commander Appoints. Other than them, no one at all can order that UPL on what to do while they are performing the UPL Duties. From my experience as UPL, one Senior NCO used a direct order for me to give him the dates I would be doing my testing. Well professionally told him only the Commander and I need to know. If you really need the dates, go ask the Commander. He threaten me with disobeying a direct order, but since I did what I was suppose to do and that I informed the Commander. The Commander spoke to him. After that day he switched out the stuff he drinks before workouts. He had many times given me a hard time, he even told me once to "STFU privilege!" After deployment, he left the unit.
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