by Monica Chamness
Staff Writer
With Operation Iraqi Freedom, the American people have a renewed awareness of the military community.
Attorney Marc Hardesty, a partner at Hardesty, Tyde & Green, P.A., knows the hardships U.S. servicemen and women face on the battlefield, and in legal matters. As a 21-year reservist and a veteran of Desert Storm, Hardesty can relate to the financial burden of the Reserve Corps when they are called from their regular jobs into active duty.
To ease the financial strain on those serving in the military, Hardesty, as chair of the Military Law Section of the Jacksonville Bar Association, works to facilitate the Soldiers and Sailors Civil Relief Act. The act allows for the interest rates on loans to members of the armed forces to be reduced when their military pay falls below their previous civilian wages.
“They get hammered financially when they’re called to active duty,” said Hardesty. “The Civil Relief Act also offers a stay in legal proceedings if a soldier or sailor is deployed. The case stops until they return.”
Additionally, the act permits a delay in filing taxes while deployed. Legal assistance offices are located at Mayport Naval Station and NAS Jax to aid military personnel.
Previously, Hardesty served on The Florida Bar’s military committee.
“They are the same issues, but on a local, concentrated level,” he said. “There is a high military population here.”
Hardesty recently hosted a family support group for military spouses.
“Inevitably, someone has a legal issue,” he said. “Sometimes they need extra help.”
One thing he does not do when military personnel or their families congregate is solicit them for representation.
“The section does nothing for criminal charges,” he said. “But I can coordinate help for them if the need arises.”
Hardesty practices personal injury, workers compensation, medical malpractice and, of course, military law.
“Military law is a body of law in itself based on the Uniform Code of Military Justice,” he said. “There’s state law, federal law, and for active duty members, there’s the UCMJ — federal law that is applicable only to the military. They have their own set of rules, laws, courts and appeals. Everything is separate.”
According to Hardesty, UCMJ cases are tried at military bases and presided over by an active duty judge. JAG [Judge Advocate General] officers serve as trial counsel, prosecuting the defendant.
“The major difference is there are no requirements in the UCMJ for unanimous juries,” said Hardesty. “The majority rules.”