US Court of Appeals
for Veterans Claims

JAC Designation

Misc. Order 04-17

Mission Statement

To provide leadership in advising the Court on issues and concerns confronting the U.S. Court of Appeals for Veterans Claims as it strives to improve its function of providing prompt, full, and fair judicial review of appeals from the Board of Veterans' Appeals.

The Judicial Advisory Committee (JAC) represents a cross section of the Court's constituency. In general, JAC members are appointed by the Court based on their individual experience, perspective, and ability to contribute to the JAC's mission. Although members' current positions within stakeholder organizations or communities are relevant to these qualifications, JAC members are not appointed for the purpose of representing or acting on behalf of a particular constituency when serving as a member of the JAC. Members are expected to exercise professional discretion in communicating about any subject matter discussed within the committee to anyone outside the committee.

The committee will meet regularly to exchange ideas on issues, problems, procedures, or improvements to the Court's operations and the larger practice of veterans law. The committee's activities may include, but are not limited to the following:

1. Identifying and prioritizing issues and concerns affecting Court administration and recommending solutions;
2. Proposing changes to the Court's Rules of Practice and Procedure or Court forms, for referral to the Court's Rules Advisory Committee;
3. Reviewing relevant legislation and policy, advising the Court on the potential impact of such, and recommending alternative proposals;
4. Recommending pilot projects and other programs to evaluate new procedures or practices;
5. Acting on assignments referred by the Court; and
6. Making other appropriate recommendations to the Court.

JAC-Endorsed Perspectives on JAC Membership

Perspectives currently represented on the JAC that should continue to be represented:

• Chair: Clerk of the Court (ex officio)
• USCAVC Bar Association
• National Organization of Veterans' Advocates
• Appellants Bar (private law firms)
• Appellants Bar (nonprofit organizations)
• Law School Veterans Legal Clinics
• Veterans Service Organizations
• Board of Veterans' Appeals
• VA Office of General Counsel (Benefits Law Group)
• VA Office of General Counsel (Appellate Litigation Group)
• Veterans Consortium Pro Bono Program

In addition to the above, the Court should add such other members/perspectives as the Court deems helpful to fulfill the JAC's mission.

If you have ideas or concerns you would like the JAC to consider, please email the Clerk of Court at clerk@uscourts.cavc.gov.

Committee Members (as of 11/6/2023)

Tiffany M. Wagner - Chairman
Clerk of the Court, USCAVC
625 Indiana Avenue, N.W.
Suite 900
Washington, D.C. 20004

David J. Barrans
Chief Counsel, Benefits Law Group
VA Office of General Counsel
810 Vermont Avenue, N.W.
Washington, D.C. 20420

Glenn R. Bergmann, Esq.
Bergmann & Moore, LLC
7920 Norfolk Ave., # 700
Bethesda, MD 20814

Mary A. Flynn
Chief Counsel
VA Office of General Counsel
810 Vermont Avenue, N.W.
Washington, D.C. 20420

Virginia A. Girard-Brady
President of NOVA
1775 I Street, N.W.
Suite 1150
Washington, D.C. 20006

Stacey-Rae Simcox
Director of Veterans Law Institute and
Director of Veterans Advocacy Clinic
Stetson College of Law
1401 61st Street South
Gulfport, FL 33707

Bart Stichman
Joint Executive Director
NVLSP
1600 K Street, N.W.
Washington, D.C. 20006

Zachary Stolz
Partner, Chisholm, Chisholm, and Kilpatrick
321 S Main St #200
Providence, RI 02903

Aniela K. Szymanski
Vice Chair of the Veterans Consortium Pro Bono Program
2101 L Street, N.W.
Suite 225
Washington, D.C. 20037

Ashley Varga
President of the CAVC Bar Association
USCAVC
625 Indiana Avenue, N.W.
Suite 900
Washington, D.C. 20004

RAC Designation

USCAVC Rules of Practice and Procedure - Rule 40

Rule 40: Rules Advisory Committee

(a) General. The Court will have a Rules Advisory Committee (Committee) to study and advise the Court on possible changes to Rules of the Court, either sua sponte or at the request of the Court. The Committee will submit its recommendations to the Chief Judge through the Clerk.

(b) Appointment. The Chief Judge, with the concurrence of the Board of Judges, will appoint nine members of the Court's bar to serve on the Committee, eight as members and one as the chair. At least two members of the Committee will be attorneys employed by the Department of Veterans Affairs.

(c) Terms.

(1) Length of terms. Each member and each new chair will be appointed for a term of two years. Notwithstanding the terms provided for in the preceding sentence, the term of any person serving by virtue of employment by the VA will end automatically at such time as the person is no longer so employed.

(2) Reappointment. Except as otherwise provided, a member may serve three terms consecutively; a break in service permits a new series of three consecutive terms. A person may be appointed to three consecutive terms as the chair notwithstanding any term or terms as a member; a break in service as the chair permits a new series of such terms or a new series of three terms as a member. There is no limit on the number of nonconsecutive terms to which any person may be appointed as a member or the chair of the Committee. A member or the chair may continue to serve until a successor has been appointed.

(3) Resignation or removal. A member or the chair of the Committee may resign from the Committee. The Chief Judge, with the concurrence of the Board of Judges, may, based on the disability of the member or the chair or for other good cause, revoke an appointment at any time.

Committee Members (as of 4/11/2024)

Chair:
Christopher W. Wallace, Esq.
Office of the General Counsel
Department of Veterans Affairs
810 Vermont Avenue NW
Washington, DC 20420

David S. Ames, Esq.
Bergmann & Moore, LLC
7920 Norfolk Avenue, Suite 700
Bethesda, MD 20814

Jonathan G. Scruggs, Esq.
Office of the General Counsel
Department of Veterans Affairs
810 Vermont Avenue NW
Washington, DC 20420

Christopher Glenn Murray, Esq.
National Veterans Legal Services
1600 K Street, NW, Suite 500
Washington, DC 20006

Thomas M. Polseno, Esq.
Bergmann & Moore, LLP
25 W. Middle Lane
Rockville, MD 20850

Debra L. Bernal, Esq.
Office of the General Counsel
Department of Veterans Affairs
810 Vermont Avenue NW
Washington, DC 20420

Chesley Roberts, Esq.
The Veterans Clinic
2101 L Street, NW, Suite 840
Washington, DC 20037

John D. Niles, Esq.
Carpenter Chartered
P.O. Box 2099
Topeka, KS 66601

April Donahower, Esq.
Chisholm Chisholm & Kilpatrick, Ltd
321 S. Main Street, Suite 200
Providence, RI 02903

Court Liaison:
Tiffany M. Wagner
Clerk of the Court
U.S. Court of Appeals for Veterans Claims
625 Indiana Avenue NW, Suite 900
Washington, DC 20004-2950

A&P Designation

USCAVC Rules of Admission and Practice - Rule 2

Rule 2: Committee on Admission and Practice

(a) Appointment.

(1) The Chief Judge, with the concurrence of the Court, shall appoint members of the Court's bar to serve as members of the Committee on Admission and Practice, and designate one member as the Chair. The number of members on the Committee shall be determined by the Chief Judge in consultation with (concurrence not required) the Court. The Committee shall perform its duties in panels of three members. The members of each panel shall be selected by the Clerk at random. Any member selected at random may, for justifiable reason as determined by the Committee Chair, decide not to serve as a member of a particular panel. The Clerk shall select at random a replacement for that panel member. The Committee Chair shall appoint a chair for each panel.

(2) Each member is appointed for a term of three years, except that the term of a member continued under subsection (a)(1) shall expire on the date previously established for that member, and that member may be reappointed to one additional consecutive term without regard to prior service on the Committee or under the predecessor version of these rules. A member (other than a holdover member as provided for in the preceding sentence) may be reappointed to an additional consecutive term in connection with an appointment that has not already been preceded by an additional consecutive term. There is no limit on the number of nonconsecutive terms to which any member may be appointed.

(3) A member may serve until a successor has been appointed. If a member holds over after his or her term expires, the holdover period shall be part of the successor's term.

(4) A member of the Committee may resign from the Committee, or the Chief Judge, with the concurrence of the Court, may, due to disability or other good cause, revoke an appointment at any time; the successor appointed will serve the unexpired term of his or her predecessor.

(5) Time served as a successor to a member of the Committee whose position became available due to death, disability, or resignation, will not be considered a "term" for the purposes of this Rule.

(6) If, in any case referred to the Committee, the Chair recuses him or herself, the next senior unrecused member (by longevity) will assume the responsibilities of Chair for that case only. If both members have equal service, the Chair, when announcing his or her recusal, will designate, at his or her sole discretion, one unrecused member to act as Chair.

(7) If, in any case referred to the Committee, a member of the Committee recuses himself or herself, the Chief Judge, with the concurrence of the Court, will appoint a member of the Court's bar to serve on the Committee for that case only. In the event that all three members of the Committee recuse themselves, the Chief Judge, with the concurrence of the Court, will appoint three members of the Court's bar, and designate one of those members as Chair, to serve on the Committee for that case only.

(b) Referral. Except when, in connection with a subsequent provision of these rules, the Chief Judge or the Panel determines that a matter will be closed and no action taken or when the practitioner concerned concedes the charges and agrees that the matter need not be referred to the Committee, the Panel will refer matters arising under these rules to the Committee for appropriate investigation, possible hearing, and a report when:

(1) Essential facts are in dispute; or

(2) there is a question whether the evidence initially submitted is sufficient to support a decision; or

(3) another matter concerning the same person is pending before the Committee; or

(4) the Panel concludes that the views of the Committee would materially assist the Court in deciding the matter.

The Panel may refer any other matter arising under these rules to the Committee for any other purpose relating to these rules that the Panel considers appropriate.

(c) Action by the Committee.

(1) After receiving a matter referred by the Panel, the Committee will mail notice to the practitioner concerned regarding the adverse matter(s) and of the rights specified in subsection (d) below.

(2) The Committee may hold a hearing even though the practitioner concerned has not requested one. At any hearing before the Committee, the Committee may call witnesses to testify.

(3) The Committee will investigate the matter and submit its report to the Court as soon as practicable. Its investigation will include the gathering of such additional evidence as it considers appropriate to fulfill its responsibilities. The report of the Committee will include findings of fact, conclusions of law (if appropriate), and a recommendation (with supporting reasons) as to what action the Court should take. In the investigation of applicants or of practitioner misconduct, the Committee must consider and discuss in its report, but is not bound by, the American Bar Association Standards for Imposing Lawyer Sanctions. Any evidence gathered by the Committee will be attached as an appendix or appendices to its report.

(d) General Rights of the Practitioner Concerned. The practitioner concerned is entitled to the following as applicable:

(1) To submit, not later than 30 days after the date of the notice provided pursuant to subsection (c)(1) above, unless that time is extended by the Chair for good cause, a response to any matter(s) referred to the Committee; and

(2) on request, to receive from the Court copies of Court docket sheets; any grievance filed by a member of the public with the Clerk against the practitioner concerned; all evidence presented to the Court or the Committee; and any documents submitted to the Court, as well as any public documents issued by the Court, during litigation of a matter that is related to the matter(s) referred to the Committee; and

(3) to a hearing if, not later than 30 days after the date of the notice referred to in subsection (c)(1) above, a written request is received by the Clerk, who will promptly forward such request to the Chair of the Committee; and

(4) to be represented by counsel retained by him or her; and

(5) to present evidence or submit any relevant information, including the testimony of witnesses; and

(6) to receive from the Clerk, for a fee established by the Court's schedule of fees, a copy of the audiotape and transcript of any hearing that is held; and

(7) to receive from the Committee a copy of any report prepared by the Committee and of any evidence gathered by the Committee; and

(8) to file with the Clerk (in an envelope marked "CONFIDENTIAL") a rebuttal to the Committee's report ["report rebuttal"] not later than 30 days after the date that the report is received by him or her.

(e) Hearings.

(1) On its own initiative, the Committee may conduct a hearing into any matter referred to it, and, at the request of the practitioner concerned or by order of the Court, the Committee will conduct a hearing at an appropriate stage in the proceeding before it. In a case where the practitioner concerned has requested a hearing, a hearing must be conducted before the submission by the Committee of a report to the Court.

(2) All hearings are conducted in private, either in person at the Court's location (or some other location designated by the Chair with the approval of the Chief Judge) or by telephone, at the option of the practitioner concerned. Testimony must be under oath or affirmation and is subject to cross-examination by the applicant or practitioner concerned or the Committee, as appropriate. The Clerk will make arrangements for an audiotape and transcript of the hearing to be made at the expense of the Court. The Chair of the Committee is empowered on behalf of the Court to administer oaths at hearings held pursuant to this Rule.

(3) In the event that the Committee believes that it is necessary to compel the testimony of a witness, the Committee will apply to the Chief Judge for the issuance of a subpoena pursuant to 38 U.S.C. § 7265(b).

(4) Any hearing will be kept confidential and will not be attended by Court personnel except where necessary for the purposes of security. Any audiotape or transcript made pursuant to this Rule will not be prepared by Court personnel. Any audiotape or transcript of such hearing will be maintained by the Clerk as the Court's liaison with the Committee, and will not be available to any other Court personnel prior to the submission of the Committee's report.

(f) Cooperation with Committee. It is the duty of the applicant or the practitioner concerned or his or her counsel to cooperate with the Committee. In the event of a failure of such cooperation, the Committee may include in its report to the Court any recommendation that it considers appropriate for the imposition of discipline for such failure.

(g) Report and Rebuttal. The Committee will mail to the practitioner concerned a copy of its report, with a notification that the practitioner concerned may submit, in accordance with subsection (d)(8) above and not later than 30 days after the date that the report is received by the practitioner concerned, a report rebuttal.

(h) Confidentiality. Except to the extent reasonably necessary to carry out its responsibilities and unless otherwise ordered by the Court, the Committee will treat in confidence all information relating to the referral of any matter to it.

(i) Expenses of Committee. The Court will make available to the Committee appropriate funds to cover the expenses of its operation in accordance with these rules. See 38 U.S.C. § 7285(b).

Committee Members (as of 10/17/2023)

Chair:
Stephen E. Castlen, Esq.
Tyrone, GA

Christina Khalili-Borna Clemens, Esq.
Newburgh, NY

Amy Richardson, Esq.
Raleigh, NC

Todd M. Wesche, Esq.
Boston, MA

Nicholas R. Esterman
Washington, DC

Sarah W. Fusina
Washington, DC

Meghan K. Gentile
Washington, DC

Courtney L. Smith
Washington, DC

Court Liaison:
Tiffany M. Wagner
Clerk of Court
U.S. Court of Appeals for Veterans Claims
625 Indiana Avenue, NW Suite 900
Washington, DC 20004-2950