scope:

Scone and Applicability

a. This instruction applies to all OJAG and NLSC facilities, including offices, occupied by personnel assigned to the Navy and Marine Corps Trial Judiciary (NMCTJ), Defense Service Offices (DSO), Region Legal Service Offices (RLSO), Victims' Legal Counsel (VLC) Program, Navy-Marine Corps Appellate Review Activity, and Naval Justice School (NJS).

b. OJAG executes a special mission to support Hchelon III NLSC field activities in the area of civil law, military justice, operations, and management. OJAG refers to the combined OJAG/NLSC Headquarters activity, which includes all OJAG/NLSC offices and units at the Washington Navy Yard, the Pentagon, and field activities such as the Claims and Tort Litigation activities in Norfolk, Virginia; Pensacola, Florida; and San Diego, California, and the Judge Advocate General's Corps Consolidated Administrative Branch office. Because the standards in this instruction are primarily focused on potential security threats that may arise in the provision of client-centric and/or customer-servicc-based legal services (e.g., military justice, defense services, legal assistance, and command sendees), OJAG is not subject to the requirements outlined in paragraphs 5 and 6 of this instruction, with the exception of paragraph 5(a)(3)(d). OJAG is required to comply with reference (a), and the spirit and intent of this instruction, in order to ensure the physical security of its locations and safety of its personnel. OJAG personnel are required to participate in, and comply with, host installation physical security programs, and to report relevant issues and deficiencies through their chain of command to Code 67 for action and resolution.

c. NJS executes a unique training mission, likewise not primarily focused on potential security threats that may arise in the provision of client-centric and/or customer-service-based legal services. Therefore, NJS is not subject to the requirements outlined in paragraphs 5 and 6 of this instruction, with the exception of paragraph 5(a)(3)(e). NJS is required to comply with references (a) through (c), and the spirit and intent of this instruction, in order to ensure the physical security of its locations and safely of its personnel. NJS personnel are required to participate in. and comply with, host installation physical security programs.

d. This instruction applies to facilities in which OJAG or NLSC is the sole tenant, or to dedicated portions of facilities in which OJAG or NLSC has exclusive occupation and use. It does not apply to offices in which OJAG or NLSC personnel work, but arc not physically located in an 0.1 AG or NLSC facility (e.g.. installation Staff Judge Advocate who is attached to a RLSO and a tenant of a non-NLSC building).

e. A "military justice proceeding" involves any pre-trial, trial or post-trial session or proceeding associated with a special or general court-martial, including Uniform Code of Military Justice (UCMJ) Article 32 preliminary' hearings, sessions held under UCMJ Article 39(a). and oral arguments before the Navv-Marine Corps Court of Criminal Appeals. Absent unique circumstances to be determined on a case-by-case basis by the Assistant Judge Advocate General. Operations and Management, a "military'justice proceeding" does not include summary courts-martial, UCMJ Article 802 conferences, non-judicial punishment hearings, boards of inquiry, administrative separation boards, or legal assistance appointments.

f. In accordance with reference (c), all NLSC personnel are assigned responsibility for the physical security of NLSC command, detachment, and branch office spaces. Commanding Officers (COs) are responsible for ensuring all NLSC spaces and government property are protected and used only for authorized purposes [references (a) through (c)]. An organizational chart denoting command relationships and responsibilities is provided in enclosure (1). 

Purpose. To implement physical security policy and procedures for the Office of the Judge Advocate General (OJAG) and Naval Legal Service Command (NLSC) commands and activities, including NLSC court facilities. A secure environment, free from the threat of physical harm and intimidation, is essential for NLSC mission accomplishment. Reference (a) provides guidance and requirements for the Navy's physical security and law enforcement program. Reference (b) directs that Commanding Officers shall require personnel to be instructed and trained in all applicable safety precautions and procedures, that those precautions and procedures are complied with, and that personnel, equipment, material and documents are safeguarded. In accordance with reference (c), this instruction provides additional security requirements designed to detect, deter and defeat the most likely security threats to certain NLSC facilities providing client/customer-centric legal services. This new instruction is a complete revision of the previous instruction and must be reviewed in its entirety. Major changes are summarized below.

a. This instruction provides physical security standards and/or best practices for OJAG and NLSC activities and facilities, with or without court facilities.

b. This instruction includes a program organizational chart, sample placard, sample visitor log, sample visitor badges, sample quarterly report, and sample waiver request. It also includes a revised guide for risk assessments.

c. This instruction eliminates annual certification and "tier" ratings for courthouses and courtrooms. It establishes a minimum security posture and requirements for certain NLSC activities and, for military justice proceedings, risk assessments and corresponding security plans.

d. This instruction defines roles and responsibilities of OJAG and NLSC personnel.

e. This instruction streamlines and clarifies the completion of initial risk assessments, as well as the routing of security plans, quarterly physical security reports and waiver requests.