Uniform in Civilan Court?

[tsalagi7]

What is the name of your state (only U.S. law)? CA

Is it illegal for a "retired" Navy officer to be wearing his uniform to a civilian court? It is obvious he is trying to sway the judge by pretending he's a good guy in uniform. This guy is a trustee of a trust and has breached his fiduciary duty and ripped off his sisters (heirs) by squandering their trusts. We are trying to get him off the trust and get him to pay us back and he has evaded trial. We know we have a good case, but with him repeatedly showing up in his "dress blues," we feel he is taking an unfair advantage and manipulating the proceedings at every juncture breaking rules. Now we have to combat a Vet! Civilians feel it is not right. What is the military law on this matter? This guy destroyed our financial future and should be ordered to pay us back and make our trusts whole. Is what he doing (wearing uniform in civilian court) right or wrong? If it is illegal, then who do we go to to complain? I went to the JAG site, don't know if this is where to go...and the site is difficult to find a person to contact. Who or what department do we go to? What can be done about it? (BTW..This former officer was courtmartialled and found guilty of deriliction of duty and failure to render aid!)

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? CA

Is it illegal for a "retired" Navy officer to be wearing his uniform to a civilian court? It is obvious he is trying to sway the judge by pretending he's a good guy in uniform. This guy is a trustee of a trust and has breached his fiduciary duty and ripped off his sisters (heirs) by squandering their trusts. We are trying to get him off the trust and get him to pay us back and he has evaded trial. We know we have a good case, but with him repeatedly showing up in his "dress blues," we feel he is taking an unfair advantage and manipulating the proceedings at every juncture breaking rules. Now we have to combat a Vet! Civilians feel it is not right. What is the military law on this matter? This guy destroyed our financial future and should be ordered to pay us back and make our trusts whole. Is what he doing (wearing uniform in civilian court) right or wrong? If it is illegal, then who do we go to to complain? I went to the JAG site, don't know if this is where to go...and the site is difficult to find a person to contact. Who or what department do we go to? What can be done about it? (BTW..This former officer was courtmartialled and found guilty of deriliction of duty and failure to render aid!)

Generally, judges are pretty smart and will see right through this. Around here, when police officers are testifying at a bench trial (judge - no jury) they wear a suit, not their uniforms.

 

[tsalagi7]

Thank you, but is it illegal? Is it against the Navy? What can be done to report this to the Navy? We can't afford the risk of the judge not being respectful of all these medals on uniform. This is a life and death situation here. We need the money otherewise we will be homeless. One of the sisters is a special needs person, I'm grossly underemployed and need to earn a decent living and with the money left to us I can invest for our future. We think it is wrong to steal, wrong to stretch out a case for no good reason except to wear us down and forbid even our basics. Litigation breaks victims, and we may soon be homeless if this guy is not penalized. So lives are at stake here. From what former officers I personally know, I hear it is wrong to wear a Navy uniform in a civil court where the former officer is a defendant. Who do we go to in the Navy? How can we stop this insanity?

 

[mlane58]

The Navy Uniform Regulations prescribe the wear of the Navy uniform by Navy retirees and veterans.

Retired personnel may wear uniforms at ceremonies or official functions when the dignity of the occasion and good taste dictate. Wearing a uniform is appropriate for memorial services, weddings, funerals, balls, patriotic or military parades, ceremonies in which any active or reserve United States military unit is participating, and meetings or functions of military associations.

Retired personnel may wear the uniform of their grade while instructing a cadet corps or similar organization at approved naval or military academies or other approved academic institutions.

Retired personnel are prohibited from wearing the uniform in connection with personal enterprises, business activities, or while attending or participating in any demonstration, assembly or activity for the purpose of furthering personal or partisan views on political, social, economic, or religious issues.

Retired personnel, who are not on active duty, living or visiting a foreign country, may only wear a uniform to attend ceremonies or social functions when wearing a uniform is required by the terms of the invitations of customs of the country.

 

[Mass_Shyster]

I think the fact that he is wearing a uniform when he is not entitled to would be really useful to impeach his credibility on cross examination, assuming he testifies.

 

[Proseguru]

I think the fact that he is wearing a uniform when he is not entitled to would be really useful to impeach his credibility on cross examination, assuming he testifies.

He can wear his uniform if he wishes.

 

[Zigner]

I think the fact that he is wearing a uniform when he is not entitled to would be really useful to impeach his credibility on cross examination, assuming he testifies.

Of course, whether he wears the uniform or not has nothing to do with his credibility for testimony (if any) in a probate case

 

[Mass_Shyster]

He can wear his uniform if he wishes.

Seems arguable that he's "wearing the uniform in connection with personal enterprises", which would make it prohibited by the Navy Uniform Regulations.

I would also argue that he raised the issue of his military service by wearing the uniform to testify, and that by doing so, his military record, including a court martial, is now an issue of credibility, which is fair game for a cross examination.

 

[Mass_Shyster]

Of course, whether he wears the uniform or not has nothing to do with his credibility for testimony (if any) in a probate case

It seems the PA National Guard prohibits it, as they feel it could influence the court.

You can argue it's not an attempt to bolster credibility, I'd argue that it is, and let the judge decide.

 

[Mass_Shyster]

After more research, it appears the correct procedure is to file a motion in limine to prohibit him from appearing in court in uniform.

 

[tsalagi7]

Thank you.