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43 W. St. U. L. Rev. 1 (2015-2016)
Actually, Sir, I'm Not a California Attorney: The California National Guard, the State Bar Act, and the Nature of the Modern Militia

handle is hein.journals/wsulr43 and id is 5 raw text is: Actually, Sir, I'm Not a California Attorney: The California National Guard, the State Bar Act, and the Nature of the Modern Militia Dwight Stirling and Alex Lindgren* I. INTRODUCTION ........................................................ 2 II. ORIGIN AND STRUCTURE OF THE NATIONAL GUARD .................. 7 A . Constitutional Authority ........................................ 7 B. Development of the Modern National Guard..................... 8 C. The California National Guard.................................. II Ill. INCORPORATION OF CERTAIN FEDERAL MILITARY RULES INTO CALIFORNIA'S MILITARY RULES ........................................ 12 IV. THE STATE BAR ACT AND THE CALIFORNIA RULES OF COURT ........ 16 V. APPLICATION OF CMVC SECTION 101 TO THE FEDERAL RULES AUTHORIZING MULTIJURISDICTIONAL PRACTICE ....................... ...19 A. Federal Military Rules Related to the Practice of Law ............ 19 B. The Two-Part Analysis Under Section 101 ...................... 20 VI. THE THERE TYPES OF LEGAL WORK THAT CALIFORNIA MILITIA ATTORNEYS PERFORM .................................................. 21 A . General Counsel Role .......................................... 22 B . D efense C ounsel ............................................... 26 1. UCMJ Section 27 and the Incorporation Test ................ 28 2. Governor Brown's Executive Order ......................... 31 C . Legal A ssistance ............................................... 33 VII. REPERCUSSIONS ........................................................ 37 A . Crim inal Ram ifications ......................................... 37 B . Fiscal Ram ifications............................................ 38 C. Ethical Ram ifications ........................................... 39 V III. C ONCLUSION ....................................................... 40 * Dwight Stirling is the Chief Executive Officer of Veterans Legal Institute in Santa Ana, California, a non-profit law firm and think tank. He earned a J.D. at the University of Southern California in 2000 and is also a reserve military attorney in the California National Guard, holding the rank of major. Alex Lindgren is at attorney at Veterans Legal institute, earning a J.D. at the University of Minnesota in 2014. From 2007 to 2014, Mr. Stirling served as the active duty general counsel for the Joint Forces Training Base in Los Alamitos, California. Much of the information regarding the legal work performed by California National Guard attorneys stems from his personal experience practicing law within the California National Guard system. We are grateful for the feedback and edits by M. David Stirling and Corey Lovato. The article is dedicated to the hard-working men and women of the California National Guard, loyal sentinels who safeguard California's communities when calamity strikes. This article was prepared or accomplished by Dwight Stirling in his personal capacity. The opinions expressed in this article are the author's own and do not reflect the view of the California National Guard or the State of California.

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