Legislative counsel outlines National Guards state-federal authorities and member protections

Damon Leonard, legislative counsel for the Vermont Legislature, told a legislative orientation session that the National Guard operates under a hybrid state-federal model and described how that affects command, jurisdiction and member protections.

Leonard said the Guard traces to colonial militias and is governed federally in many respects: "Title 32 of the U.S. Code ... governs everything from the organization to the training," he said. He cited the constitutional basis in Article I, Section 8 and noted that when Vermont statutes do not address an issue federal law applies.

Why it matters: legislators were given the legal framework that determines when the governor commands the Guard, when the President may federalize units, and which legal regimes (state civil courts, military courts) apply to offenses or disciplinary actions.

Leonard explained how jurisdiction is allocated and underscored one Vermont-specific practice: "Vermont is special in that were the only state that elects the adjutant general through the legislature," he said, and noted that election occurs every two years.

On member protections, Leonard summarized state and federal rights. For state active duty he described recently expanded leave and job-protection provisions beyond a prior 15-day limit. For federal duty he reviewed federal statutes and protections, including the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Leonard also summarized the Service Members Civil Relief Act (SCRA): "The SCRA applies to National Guard members when theyre serving on federal duty for more than 30 days," he said. He listed SCRA remedies discussed in the briefing: limits on interest rates for pre-service debts, deferrals of federal and state income taxes when service prevents payment, protections against default court judgments, relief from foreclosure or eviction without a court order, lease-termination rights in certain circumstances, and protections for nonbusiness assets from creditors while the member is on federal duty.

The presentation emphasized that servicemembers may waive some SCRA rights only while deployed or after deployment, not prospectively, and that enforcement of SCRA rights can be pursued by the service member or the U.S. Department of Justice.

The session closed with an offer to take questions and a planned series of follow-up briefings on mission, funding and strategic challenges.