Addendum to the Servicemember's Civil Relief Act
To: US Congress
Overall Addendum Goals
This addendum proposes the implementation of a database at both the state and federal levels containing individual military service member's whom are active duty or reserve in an active duty status, and are in a deployed status. This will be accomplished collectively from each duty station. Each duty station will assign personnel specialists to enter the following information pertaining to each service member into a centralized database.
1.) Active duty status 2.) In CONUS/O CONUS 3.) Base or post service member is currently assigned. 4.) If the service member is covered under the Service Member's Civil Relief Act.
Proper Service
Keeping within the guidelines of the Constitution of the State of Georgia; If the Defendant/Respondent is not properly served in accordance with Title 9-11-4 of the Constitution of the State of Georgia, the case and/or all related filings are rendered null and void.
Steps taken to insure proper service has been rendered:
Only appointed judges and their immediate secretaries will be permitted access to this information and will sign an affidavit swearing or affirming that they cannot and will not share the information contained in the database with any third parties not directly involved with the relevant case. Should any information be shared that is not directly related to the case, appropriate legal action shall be taken against the person(s) in violation of this law.
The information contained in the ?database? will contain no sensitive information which could be detrimental to the United States of America. Furthermore, the database cannot, and will not give specific information as to the service member?s whereabouts if currently in a deployed status. All information contained herein will be to the service member?s In CONUS duty station and all paperwork shall be forwarded to appropriate channels of command to be routed to the service member serving in a combat zone. A copy of all forwards shall be sent to the military legal officer, also known as Judge Advocate General, further identified as ?JAG?.
The JAG officer, or his delegates assigned to the immediate command, will then be responsible for the direct delivery of the petition for divorce, child custody, or any other filings related to the service member. The J.A.G. Officer assigned will then advise the service member of his/her legal right within the case.
It will then be the duty and responsibility of the service member to take the appropriate actions outlined in the Service Member Civil Relief Act. If appropriate action is not taken, after a 90 day grace period without good cause, then and only then can the courts come into a default judgment against the service member.
Why This Petition for Addendum is Necessary
This petition is created to form a more fair and just system of protection to each and every service member in our Armed Forces. Currently, it is the responsibility of the Petitioner to inform the courts of the opposing parties whereabouts. A signed affidavit must be submitted to the courts if the defendant cannot be located and the petitioner must swear or affirm that the opposing party is not affiliated with the United States Military, or is not sure. Making a false statement to the courts can be punishable by a Federal Misdemeanor and a fine of $1000.00.
This has little to no effect on the petitioner's ethical motivation to respond appropriately in family law cases. Cases are still being sought and default judgment's are still being granted on the basis that a ?Due Diligence Search? has been conducted in an attempt to locate Respondants. As such, the judge appointed to the case simply relies on the petitioner or the petitioner?s attorney as to the accuracy of said searches.
In creating this system, the inadvertent violations of all U.S. military personnel?s right to due process will be eliminated or minimized. Having a database resource of this nature at the disposal of appropriate court personnel will fill a devastating void in the legal system and process that has been previously overlooked. If a ruling judge or his/her assistant can quickly look up the ?missing? person's name at the initial hearing, all armed forces service members will be guaranteed the right of due process and true justice will be more fully satisfied.
Sincerely,
Overall Addendum Goals
This addendum proposes the implementation of a database at both the state and federal levels containing individual military service member's whom are active duty or reserve in an active duty status, and are in a deployed status. This will be accomplished collectively from each duty station. Each duty station will assign personnel specialists to enter the following information pertaining to each service member into a centralized database.
1.) Active duty status 2.) In CONUS/O CONUS 3.) Base or post service member is currently assigned. 4.) If the service member is covered under the Service Member's Civil Relief Act.
Proper Service
Keeping within the guidelines of the Constitution of the State of Georgia; If the Defendant/Respondent is not properly served in accordance with Title 9-11-4 of the Constitution of the State of Georgia, the case and/or all related filings are rendered null and void.
Steps taken to insure proper service has been rendered:
Only appointed judges and their immediate secretaries will be permitted access to this information and will sign an affidavit swearing or affirming that they cannot and will not share the information contained in the database with any third parties not directly involved with the relevant case. Should any information be shared that is not directly related to the case, appropriate legal action shall be taken against the person(s) in violation of this law.
The information contained in the ?database? will contain no sensitive information which could be detrimental to the United States of America. Furthermore, the database cannot, and will not give specific information as to the service member?s whereabouts if currently in a deployed status. All information contained herein will be to the service member?s In CONUS duty station and all paperwork shall be forwarded to appropriate channels of command to be routed to the service member serving in a combat zone. A copy of all forwards shall be sent to the military legal officer, also known as Judge Advocate General, further identified as ?JAG?.
The JAG officer, or his delegates assigned to the immediate command, will then be responsible for the direct delivery of the petition for divorce, child custody, or any other filings related to the service member. The J.A.G. Officer assigned will then advise the service member of his/her legal right within the case.
It will then be the duty and responsibility of the service member to take the appropriate actions outlined in the Service Member Civil Relief Act. If appropriate action is not taken, after a 90 day grace period without good cause, then and only then can the courts come into a default judgment against the service member.
Why This Petition for Addendum is Necessary
This petition is created to form a more fair and just system of protection to each and every service member in our Armed Forces. Currently, it is the responsibility of the Petitioner to inform the courts of the opposing parties whereabouts. A signed affidavit must be submitted to the courts if the defendant cannot be located and the petitioner must swear or affirm that the opposing party is not affiliated with the United States Military, or is not sure. Making a false statement to the courts can be punishable by a Federal Misdemeanor and a fine of $1000.00.
This has little to no effect on the petitioner's ethical motivation to respond appropriately in family law cases. Cases are still being sought and default judgment's are still being granted on the basis that a ?Due Diligence Search? has been conducted in an attempt to locate Respondants. As such, the judge appointed to the case simply relies on the petitioner or the petitioner?s attorney as to the accuracy of said searches.
In creating this system, the inadvertent violations of all U.S. military personnel?s right to due process will be eliminated or minimized. Having a database resource of this nature at the disposal of appropriate court personnel will fill a devastating void in the legal system and process that has been previously overlooked. If a ruling judge or his/her assistant can quickly look up the ?missing? person's name at the initial hearing, all armed forces service members will be guaranteed the right of due process and true justice will be more fully satisfied.
Sincerely,
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