Legal team helps bring about justice through Magistrate Court

  • Published
  • By 2nd Lt. C. Michaela Walrond
  • 66th Air Base Wing Public Affairs
HANSCOM AFB, Mass. --  Braving a winter storm that dumped almost a foot of snow and made driving area roads extremely challenging, Hanscom Legal personnel traveled to Worcester, Mass., to prosecute 58 cases, including two bench trials, Dec. 13 in Federal Magistrate Court.

Magistrate Court is held for those individuals accused of crimes that occur on federal lands. On Hanscom, military members who commit misconduct are punished under the Uniform Code of Military Justice, but civilians who commit offenses are prosecuted in Federal Magistrate Court, said Capt. Tim Ward, who is assigned to the Electronic Systems Center Legal Office and is appointed a Special Assistant U.S. Attorney. As a SAUSA, he is able to prosecute federal and state criminal offenses before a Federal Magistrate Judge.

The Hanscom Legal team is responsible for prosecuting offenses committed on Hanscom and on portions of the former Fort Devens that remain under federal jurisdiction, as well as those committed in Minute Man National Historical Park, and within the local Fish and Wildlife jurisdiction. Fines recovered for crimes committed on these lands are deposited into the Federal Victim and Witness Assistance Fund.

For December, more than $12,000 was recovered from criminal defendants and deposited into the fund, Captain Ward said.

Magistrate Court, which convenes once a month, is conducted by a team of Judge Advocate officers and enlisted paralegals who are assigned by the base Staff Judge Advocate.

"This is like an extra duty for us. Volunteering to assist these areas, in turn, helps us out with our relationship with the community and, additionally, our experience in the courtroom," said Capt. Chris Thompson, Electronic Systems Center Legal Office and SAUSA.

"This is just one of the numerous hats that we wear as a JAG. It is very time consuming, but it forces us to think on our feet in front of the Magistrate and it's a great experience to argue cases in front of a judge in a federal courtroom," Captain Thompson said.

Prior to a hearing, the base paralegals prepare the case files and notify the agencies about which officers are needed, Captain Thompson said.

"The attorneys will then review the evidence and make sure that we have all the evidence and documents to prove our case beyond a reasonable doubt. If we are missing evidence, we work with the agencies to get the documents required to prove our case," he said.

"Our next step is calling the defendant, or the defendant's attorney, to see how they will plead and to see if we can work out some type of payment plan. This could take a while with a large docket of offenders, like the docket we had this December. If we are unable to work out an arrangement with the defendant, we take the case to court and if necessary have a bench trial," Captain Thompson said.

Defendants found guilty at trial will receive not only a fine and have to pay court and administrative costs, but they will receive a federal conviction, Captain Ward said.

Some of the more common cases the legal team prosecutes in Magistrate Court include drug possession, driving under the influence of alcohol, speeding and theft, Captain Ward said.

Magistrate Court also serves to reinforce the outstanding job the 66th Security Forces Squadron and the other participating law enforcement agencies are doing on a day-to-day basis, Captain Ward said. "Our law enforcement officers are working extremely hard to keep our base safe, and it is important to vigorously prosecute the tickets they issue and the crimes they investigate."

Captain Thompson added, "The process is a fair way of enforcing the law and keeping our base safe from civil misconduct. It also shows that there are consequences for breaking the law, and at times the consequences can be tough. Everyone should know that Magistrate Court exists and that if you break the law on base or in our jurisdiction, you will be prosecuted."

For more information on Magistrate Court, contact the Electronic Systems Center Legal Office at (781) 377-2361.