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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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