Norbert Basil MacLean III

Infobox Military Person
name= Norbert Basil MacLean III
lived=
placeofbirth= Toms River, New Jersey
United States
placeofdeath=


caption= Norb MacLean III in 2007.
nickname= Norb
allegiance= Dual citizenship
flagicon|AUSAustralia
(By Descent)
flagicon|USAUnited States of America
(By Birth)
branch= United States Navy
serviceyears= 1989-1994
rank= CTA3(AW) - Cryptologic Technician
Petty Officer
(Air Warfare)
commands=
unit=Naval Security Group
United States Department of State
Naval Mobile Construction Battalion-21
battles=
awards= Joint Service Achievement Medal
National Defense Service Medal
Navy "E" Ribbon
Navy Expert Rifleman Medal
Navy Expert Pistol Shot Medal
laterwork= American Military Justice Reform

Norbert Basil MacLean III (born 1971) is a dual American Australian citizen, and United States Navy veteran, who championed equal access to the Supreme Court of the United States for members of the United States Armed Forces. [http://www.signonsandiego.com/news/military/20070726-9999-7m26suit.html "Bill Offers Troops Way to Appeal"] , by Rick Rogers, "San Diego Union Tribune", July 26, 2007] "Senate OKs Review of Courts-Martial", by Laura Ernde, "Los Angeles Daily Journal", September 12, 2008, front page]

Since the establishment of the Supreme Court in 1789, by the United States Constitution, members of the United States Armed Forces did not have the right to seek direct review of courts-martial convictions to the nation's highest court. In 1983, Congress passed the Military Justice Act which gave limited Supreme Court review to service members. This limited review consists of death penalty sentences, cases in which the Court of Appeals for the Armed Forces granted discretionary review (which only happens 10 percent of the time), and cases certified by a service judge advocate general (which almost always inures to the benefit of the government). Despite the passage of the Military Justice Act of 1983, 90 percent of all court-martialed service members were still being shut out of the Supreme Court from a procedural due process flaw in the law. [http://www.abanet.org/crimjust/policy/am06116.pdf American Bar Association Resolution 116] , adopted by ABA House of Delegates on August 7-8, 2006] Civilian state and federal prisoners, illegal aliens, enemy combatants and detainees all have a right to petition the Supreme Court to review their convictions. But service members do not. "Military appeals lack way to top", by Marcia Coyle, "The National Law Journal", August 18, 2008, front page]

In March 2004 MacLean began to lobby Congress to permit all court-martialed service members access to the Supreme Court. [http://en.wikipedia.org/wiki/
] ] Under MacLean's proposal, for the first time in America's history, service members would have equal access to the nation's highest court in the land which they serve to protect and defend. Two bills were introduced in the 110th Congress to rectify the inequity in the law: "Equal Justice for Our Military Act of 2007", HR 3174 and "Equal Justice for United States Military Personnel Act of 2007", S.2052. The two bills are identical and adopt the language MacLean first proposed in 2004 to Congress. On September 11, 2008 the Senate Judiciary Committee unanimously voted to approve S.2052. [http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2008_record&page=S8479&position=all U.S. Congress. Senate (2008) Reports of Committees "Congressional Record - Senate" S8479 (September 12, 2008)] ] [http://www.armytimes.com/news/2008/09/military_appealconvictions_091208w/ Bill would let troops appeal to Supreme Court] , by Rick Maze, Army Times, September 12, 2008] There were no objections and the bill was reported out to the full Senate. [ [http://judiciary.senate.gov/hearings/hearing.cfm?id=3544 Senate Judiciary Committee Official Business Meeting Notice and Summary] , dated September 4, 2008 ] [http://feinstein.senate.gov/public/index.cfm?FuseAction=NewsRoom.PressReleases&ContentRecord_id=5310fac5-03b6-8b38-edeb-911f7bff38ac Senate Judiciary Committee Approves Feinstein Legislation] , Press Release of Senator Feinstein, September 11, 2008] The next day S.2052 was placed on the Legislative Calendar of the Senate. [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=senate_calendar&docid=sc007.pdf U.S. Senate Calendar of 110th Congress, General Orders, Order No. 959, page 102] ] On September 27, 2008 the U.S. House of Representatives held debate on the floor and passed. by two-thirds voice vote, the "Equal Justice for Our Military Act of 2007", HR 3174. [http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2008_record&page=H10263&position=all U.S. Congress. House (2008) Equal Justice for Our Military Act of 2007 "Congressional Record - House" H10623-24 (September 27, 2008)] ] [http://www.house.gov/susandavis/press/pr092708equal.shtml House Passes Susan Davis's Equal Justice for Our Military Act] , Press Release, September 27, 2008 (retrieved on September 28, 2008)]

Military service

Prior to enlisting in the Navy, MacLean served from 1985-87 as a Naval cadet in the Naval Junior Reserve Officers' Training Corps at Rancocas Valley Regional High School [1987 Yearbook, Rancocas Valley Regional High School, pictures MacLean and reflects he was then-Cadet Executive Officer of Navy JROTC Battalion of cadets. 1987 RVRHS Yearbook is maintained in the librarian's office, 520 Jacksonville Rd., Mount Holly, NJ 08060, Tel [phone]] in Mount Holly, New Jersey and then as midshipman from 1987-89 in the U.S. Naval Sea Cadet Corps, Naval Air Engineering Station, Lakehurst, New Jersey. In 1988, he received a U.S. Congressional nomination from New Jersey Congressman H. James Saxton to the U.S. Military Academy at West Point, New York for the class of 1993 entering in the summer of 1989. ["A Caring Haven Where Boys Learn a Direction in Life", by Charlie Frush "Philadelphia Inquirer", July 5, 1989, page C2] But according to the "St. Petersburg Times" MacLean was so smitten with Naval service that he passed on the Congressional nomination to West Point. [http://pqasb.pqarchiver.com/sptimes/access/51817434.html?dids=51817434:51817434&FMT=FT&FMTS=ABS:FT&date=Feb+19%2C+1994&author=BRUCE+VIELMETTI&pub=St.+Petersburg+Times&edition=&startpage=3.B.3.B&desc=Cryptologist+sues+banks+over+court-martial+Series%3A+LOCAL "Cryptologist sues banks over court-martial"] , by Bruce Vielmetti, "St. Petersburg Times", February 19, 1994, page 3B]

From 1989 through 1994 MacLean served in the Navy as an enlisted cryptologic technician and held a high level security clearance. ["Ex Navy Officer Hopes for Military Justice" by Claude Walbert, "Los Angeles Daily Journal", June 19, 2003, page 2] He worked for senior level United States government officials including Richard Armitage in the first Bush administration and was also assigned to the Naval Security Group Command in Washington, DC. [http://pqasb.pqarchiver.com/washingtonpost/access/72224761.html?dids=72224761:72224761&FMT=ABS&FMTS=ABS:FT&fmac=&date=Feb+16%2C+1994&author=William+F.+Powers&desc=Area+Banks+Taken+to+Court+Over+Role+in+a+Navy+Probe "Area Banks Taken to Court Over Role in a Navy Probe"] , by William F. Powers, "The Washington Post," February 16, 1994, page D1] While on active duty MacLean received a Congressional nomination from Rep. Saxton to the U.S. Naval Academy at Annapolis, Maryland. In 1992 MacLean was due to enter the U.S. Naval Academy Preparatory School in Newport, Rhode Island prior to attending the Naval Academy. Because of MacLean's court-martial in 1992 he never entered NAPS."Bill Would Let Court-Martialed Appeal to Justices" by Claude Walbert, "Los Angeles Daily Journal", March 21, 2005, front page ]

MacLean, an admitted homosexual, was court-martialled in late 1992 on what he claims were trumped up charges of bad checks after he had filed a complaint against his commanding officer alleging harassment. [http://www.navytimes.com/legacy/new/0-NAVYPAPER-2153773.php "Ex-sailor seeks to reverse court-martial, appeal decision"] , by William H. McMichael, "Navy Times", September 1, 2003] The Navy Times reported that MacLean's military pay was not being credited to his bank accounts and checks were returned. And that bank notices sent to MacLean were being signed by someone other than MacLean. Later his pay records were missing immediately before the court-martial causing him to plead guilty to three counts of violating Uniform Code of Military Justice article 123a. MacLean’s complaint against his commanding officer was found meritorious after his court-martial. However that officer was permitted to initiate his court-martial over the contrary findings and recommendations of a military investigating officer that held the evidence against MacLean was weak or non-existent. National newspaper articles, including those in [http://www.washingtonpost.com The Washington Post,] reported that MacLean was highly praised by his civilian and military superiors in the years prior to his known sexual orientation. After MacLean’s case concluded review in the military courts he was sealed out of Supreme Court review due to an inequity in federal law which does not permit service members to appeal to the high court unless the Court of Appeals for the Armed Forces grants review or relief in a case. [ [http://www.airforcetimes.com/legacy/new/0-AIRPAPER-759026.php "Bill would let more service members appeal to high court"] , by Deborah Funk, "Air Force Times", April 11, 2005] The court-martial punished MacLean with a dishonorable discharge which was never carried out because in 1993 the Naval Parole & Clemency Board mitigated that discharge due to his outstanding service record. ["Navy Mitigates Sailor's Discharge" by Steve Chambers, "Asbury Park Press", March 8, 1994, page 3C]

The international law firm of Heller Ehrman represented MacLean in an unsuccessful attempt to challenge his court-martial on constitutional due process grounds and for his reinstatement to Naval service after new evidence was discovered. [http://www.hellerehrman.com/en/about/probono_armedforces.aspx "Armed Forces Members' Rights"] on Heller Ehrman LLP website, retrieved on March 25, 2008] The new evidence included MacLean's missing pay records showing thousands of dollars in Navy pay not credited to MacLean's bank accounts as well as the final resolution of his complaint against his commanding officer. Despite the discovery of new evidence both the U.S. Court of Federal Claims and the U.S. Court of Appeals for the Federal Circuit held in published opinions, in "MacLean v. United States", that it did not have jurisdiction to review MacLean's court-martial. [ [http://www.uscfc.uscourts.gov/sites/default/files/WILLIAMS.Maclean.pdf "MacLean v. United States"] , 67 Fed.Cl 14 (2005)] [ [http://bulk.resource.org/courts.gov/c/F3/454/454.F3d.1334.05-5149.html "MacLean v. United States"] , 454 F.3d 1334 (Fed. Cir. 2006)] Heller Ehrman's website has a pro bono page on MacLean's case. In the mid-1990s several newspapers reported that MacLean sued his financial institutions for violating his privacy in turning over his private bank records to the military. He won non-disclosed out of court settlements with the banks. [ [http://pqasb.pqarchiver.com/sptimes/access/51819132.html?dids=51819132:51819132&FMT=FT&FMTS=ABS:FT&date=Feb+27%2C+1994&author=TIM+ROCHE&pub=St.+Petersburg+Times&edition=&startpage=3.B.6.B&desc=Gay+petty+officer+settles+bank+records+suit "Gay petty officer settles bank records suit"] , by Tim Roche, "St. Petersburg Times", February 27, 1994, pages 3B, 6B] [ [http://pqasb.pqarchiver.com/washingtonpost/access/8585094.html?dids=8585094&FMT=ABS&FMTS=ABS&date=Feb+26%2C+1994&author=Powers%2C+William+F&pub=The+Washington+Post&edition=&startpage=C2&desc=American+security+settles+suit "American security settles suit"] , by William F. Powers, "The Washington Post", February 26, 1994, page C2]

Had MacLean served in the Royal Australian Navy, instead of the U.S. Navy, he would have been allowed to serve as an openly gay man. [ [http://query.nytimes.com/gst/fullpage.html?res=9E0CE5D81139F937A15752C1A964958260 "Australia Ends a Prohibition On Homosexuals in Military"] , "New York Times", November 24, 1992 ] The United States still does not allow open homosexuals to serve in its Armed Forces. America's policy on its homosexual uniformed citizens is "Don't ask, don't tell". MacLean also would have been able to access the High Court of Australia – the equivalent of the Supreme Court of the United States because Australia allows its uniformed citizens full procedural due process protections. [ [http://www.austlii.edu.au/au/legis/cth/consol_act/dfda1982188 Australia Defence Force Discipline Act of 1982] ] [ [http://austlii.org/au/journals/DeakinLRev/2004/10.html "An Update on Military Discipline: The 20th Anniversary of the Defence Force Discipline Act"] , by Hyder Gulam, 2004 Deakin L Rev 10 (2004)]

Awards, decorations and insignias

*"MacLean’s awards include:"

The military justice system in the United States

The American military justice system predates the United States Constitution and is derived from the 1775 Articles of War which were amended in 1776. [ [http://www.memory.loc.gov/learn/features/timeline/amrev/contarmy/articles.html "The American Revolution, 1763-1783: Creating a Continental Army",] The Learning Page, Library of Congress retrieved on March 25, 2008] Since the establishment of the Supreme Court by the United States Constitution in 1789, the United States, did not allow its uniformed citizens direct appeal to the nation’s highest court should the service member be convicted by courts-martial. In 1950 Congress created the modern military justice system by enacting, in 1951, the Uniform Code of Military Justice. It wasn't until Congress passed the Military Justice Act of 1983 that service members had very limited access to the Supreme Court. The act skewed the law in favor of government appeals thereby creating inequities for America's uniformed citizens wishing to appeal a court-martial conviction to the Supreme Court. [http://www.jaa.org/other/CRS_Memo.pdf Supreme Court Review of Decisions of the U.S. Court of Appeals for the Armed Forces Under Writs of Certiorari] , by Jennifer K. Elsea, Congressional Research Service, February 27, 2006] Under existing law, Title 28 United States Code section 1259, a service member may only appeal to the Supreme Court in death penalty cases or if granted review by the Court of Appeals for the Armed Forces - which happens about ten percent of the time. [ [http://msulr.law.msu.edu/back_issues/2002/1/Barry.pdf A Face Lift (And Much More) For An Aging Beauty: The Cox Commission Recommendations To Rejuvenate The Uniform Code Of Military Justice] , by Kevin Barry, 2002 L. Rev. M.S.U. – D.C.L. 57 (2002)] Ninety percent of all American court-martialled service members are completely sealed off from Supreme Court access due to the inequity. [ [http://www.govtrack.us/congress/record.xpd?id=110-s20070917-39&person=300043 U.S. Congress. Senate. (2007) Senator Feinstein of California statement on Equal Justice for United States Military Personnel Act of 2007. 110th Cong. 1st sess. "Congressional Record-Senate" S11588 (September 17, 2007)] ] The Court of Appeals for the Armed Forces acts as gatekeeper to the Supreme Court unlike any other federal appeals court in America. The government can appeal any adverse ruling in which the service member prevails by having the individual service judge advocate general certify an issue for appeal.

MacLean's work on Supreme Court access

As a proximate result of MacLean being shut out of the Supreme Court, and learning that other service members were also, he began his plight to correct the long standing inequity in American law. [ [http://www.armytimes.com/legacy/new/0-ARMYPAPER-757803.php "Bill would let more military defendants appeal to high court"] , by Deborah Funk, "Army Times", April 11, 2005] MacLean first started to lobby Members of the 108th Congress in March 2004 to amend the law and permit service members equal access to the Supreme Court. MacLean's proposal to Congress was simple: to permit a petition for writ of certiorari to be filed by any member of the U.S. Armed Forces who was denied review or relief by the Court of Appeals for the Armed Forces. This straightforward concept would bring the Armed Forces court in line with all other federal Circuit Courts of Appeal concerning Supreme Court review of federal criminal convictions. But more importantly, MacLean's proposal for the first time in America's history, would afford service members full procedural due process protections in appellate review of courts-martial to the Supreme Court.

On April 23, 2004 the House Armed Services Committee sent a bipartisan letter, written by Reps. Susan A. Davis and John Michael McHugh, to The Pentagon asking for feedback on MacLean's proposal. Then-Principal Deputy General Counsel Daniel J. Dell'Orto wrote to lawmakers opposing MacLean's proposal of Supreme Court access for service members. According to the "Los Angeles Daily Journal", Dell'Orto stated that changing the law and giving service members greater Supreme Court access would only serve to burden the nation's highest court. Rep. Susan A. Davis first introduced the "Equal Justice for Our Military Act" on March 17, 2005 in the 109th Congress. [ [http://thomas.loc.gov/cgi-bin/t2GPO/http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h1364ih.txt.pdf Equal Justice for Our Military Act] , HR 1364 introduced in the 109th Congress (March 17, 2005)] After its introduction the bill was vehemently opposed by the Bush administration through then-Department of Defense General Counsel William J. Haynes, II. Haynes wrote letters to Congress in opposition stating "there is no apparent justification to modify the current review process, thereby increasing the burden upon the Supreme Court and counsel to address the myriad of matters that would be encountered with expanded certiorari jurisdiction.""Momentum Grows for Opening High Court to Servicemembers" by Laura Ernde, "Los Angeles Daily Journal", July 17, 2007, front page] The bill failed in the 109th Congress.

MacLean undeterred then worked with Legislative Research Inc. ("LRI"), based in California, to develop two decades of military justice statistics to present to Congress. LRI completed its study in March of 2006. [Legislative Research Incorporated, "The Military Justice System: 1983-84 Through 2004-05: Twenty-two Years of Key Statistical Findings" (March 30, 2006) Preface by Norbert Basil MacLean III, presented to the House and Senate Armed Services Committees, Judiciary Committees of the 109th Congress and to the Clerk of the U.S. Court of Appeals for the Armed Forces.] Military justice statistics were then compared to U.S. Department of Justice federal criminal civilian statistics which demonstrated a substantial disparity in appellate review between civilians and uniformed citizens. This led the American Bar Association ("ABA"), in August 2006, to issue a report and unanimously pass a resolution urging Congress to correct the law and permit U.S. armed forces members equal access to the Supreme Court. The ABA report references critical military justice statistics compiled as a direct result of MacLean's work on this issue.

The 109th Congress enacted the Military Commissions Act of 2006, in which section 950g(d), gives the Supreme Court the ability to review by writ of certiorari any final judgment issued by the U.S. Court of Appeals for the D.C. Circuit, in an appeal filed by terrorists and war criminals who are convicted by U.S. military commissions. But America's own uniformed citizens were still being shut out of equal Supreme Court access. In the media MacLean was critical of Congress giving enemy combatants Supreme Court access but not U.S. service members who were fighting those enemies and terrorists in defense of America.

Reps. Susan A. Davis and Ike Skelton of the House Armed Services Committee reintroduced the bill that had previously failed in the last Congress on July 25, 2007 in the U.S. House of Representatives entitled the "Equal Justice for Our Military Act of 2007". [ [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3174ih.txt.pdf Equal Justice for Our Military Act of 2007] , HR 3174 introduced in 110th Congress-House (July 25, 2007)] The reintroduced bill was in broader form and included not only denials for extraordinary writs but also petitions for direct review. It would amend 28 USC sections 1259(3) and (4) so that if the Court of Appeals denied review or relief to a service member an appeal could be taken to the Supreme Court.

On September 17, 2007 a companion bill, identical to the House bill, was introduced in the Senate by Senators Dianne Feinstein, Arlen Specter, and Russ Feingold, entitled "Equal Justice for United States Military Personnel Act of 2007". [ [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s2052is.txt.pdf "Equal Justice for United States Military Personnel Act of 2007"] , S.2052 introduced in 110th Congress-Senate (September 17, 2007)] When the Senate returned from its 2008 summer recess, Senator Hillary Clinton, a member of the Senate Armed Services Committee, signed on as cosponsor to the bill. [ [http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2008_record&page=S8132&position=all U.S. Congress. Senate (2008) Additional Cosponsors "Congressional Record - Senate" S8132 (September 8, 2008)] ] On September 11, 2008 the Senate Judiciary Committee unanimously voted to approve S.2052. The next day S.2052 was placed on the Legislative Calendar of the Senate.

On September 27, 2008 the U.S. House of Representatives debated and passed, by two-thirds voice vote, the "Equal Justice for Our Military Act of 2007", HR 3174.

The American Bar Association, Fleet Reserve Association, Military Officers Association of America and National Institute of Military Justice support both the House and Senate bills. [ [http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_record&page=E1618&position=all U.S. Congress. House. (2007) Representative Davis of California statement on Equal Justice for Our Military Act of 2007. 110th Cong. 1st sess. "Congressional Record-House-Extension of Remarks" E1618 (July 25, 2007)] ] [ [http://www.fra.org/Content/fra/LegislativeAgenda/2005LegislativeAgenda/EqualJustice4Mil.S.2052Sen.Feinstein.doc Letter from Fleet Reserve Association Director Joseph L. Barnes to Senator Feinstein (July 9, 2008)] retrieved on FRA website August 26, 2008] Three retired chief judges of the Court of Appeals for the Armed Forces support the proposed legislation: judges Walter Cox III, Robinson Everett and Eugune Sullivan. [ [http://www.house.gov/susandavis/press/pr072507eqjma.shtml "Bill will allow service members to appeal to Supreme Court"] Press Release from Congresswoman Susan Davis, July 25, 2007, retrieved from Rep. Davis' website on March 25, 2008.]

What others have said

Criticism

*In 2004 then-Department of Defense Principal Deputy General Counsel [http://www.dod.mil/dodgc/gc_bio.html Daniel J. Dell'Orto,] , who now serves as acting general counsel, indicated opposition to the issue of equal access to the Supreme Court for members of the U.S. Armed Forces. The House Armed Services Committee wrote a letter to the Defense Department attaching correspondence from MacLean on the inequity. Dell'Orto wrote back to the Armed Services committee criticizing MacLean's proposal for fear it would "increase the burden upon the Supreme Court."

*In 2006 then-Department of Defense General Counsel William J. Haynes, II was critical of MacLean's proposal and indicated that the Bush administration opposes giving servicemembers equal access to the Supreme Court. In February 2006 Haynes opined, in letters, to Congress that "there is no apparent justification to modify the current review process, thereby increasing the burden upon the Supreme Court and counsel to address the myriad of matters that would be encountered with expanded certiorari jurisdiction."

*In 2007 "Military Justice Blog" wrote about MacLean (by blogger named "Sacramentum"). [ [http://militaryjusticeblog.blogspot.com/2007/07/norbert-maclean.html Military Justice Blog: Norbert MacLean, by Sacramentum, July 27, 2007] retrieved on March 27, 2008 ] Sacramentum characterizes MacLean as being angry because he challenged his guilty plea ten years later when missing evidence became available. Sacramentum, who appears to be a U.S. military attorney, further states: “just hope you are never assigned a case with an accused like this.”

Praise

Pre-court martial

*In 1990 Rear Admiral Isaiah C. Cole, U.S. Navy, then-Commander Naval Security Group, presented Seaman MacLean with a letter of commendation for his work at the headquarters of the Naval Security Group Command, Washington, DC. MacLean, then age 19, had only been assigned to the command for three months when he first received the commendation. [A copy of the letter of commendation is contained in the court record of "MacLean v. United States," case number 04-448C, U.S. Court of Federal Claims] .
*In 1991 MacLean was chosen as aide for then-Ambassador Richard Armitage when he was negotiating the Philippines military base closure agreements. Armitage commended MacLean for "exemplary" performance, "especially considering his minimal experience with a diplomatic effort of this nature." MacLean showed "a level of maturity and ability far beyond what would be expected of his seniority and experience level," Armitage wrote.
*On May 13, 1992, Secretary of Defense Dick Cheney awarded Petty Officer MacLean the Joint Service Achievement Medal for "meritorious service for the Armed Forces of the United States."

Post-court martial

*In 2005, the press secretary for Rep. Susan A. Davis said in the "Los Angeles Daily Journal" that after considering MacLean's arguments, Davis believes both prosecution and defense should have equal opportunity to appeal to the Supreme Court. "He brought up a very important issue of equality under the law," Aaron Hunter, press secretary said.
* In 2006 the American Bar Association mentioned MacLean in its resolution and report to Congress which urged the law be changed to permit members of the U.S. Armed Forces to have equal access to the Supreme Court. The ABA report references MacLean's work on military justice statistics.

Family

American line of military veterans & public servants

MacLean descends from several decorated U.S. military veterans and public servants. MacLean's father, Norbert Jr., was the chief of police in Lakehurst, NJ and after retirement from the department became the borough administrator. ["Lakehurst swears in new police chief", Asbury Park Press, January 4, 2005] [ [http://www.lakehurstnj.org/admin_main.html Borough of Lakehurst website] , Municipal Departments, retrieved on September 14, 2008] He is a Vietnam War veteran who served in the U.S. Army. Norbert, Jr.'s decorations include the Purple Heart, Bronze Star Medal with Valor device, Army Commendation Medal and several Air Medals. [http://books.google.com.au/books?id=8Cw9rAFFYQoC&pg=PA216&lpg=PA216&dq=norbert+maclean+purple+heart&source=web&ots=Jj5iSdxlRf&sig=CFeyDi0am8Qm3htS-L8ZA_VH2fA&hl=en 173rd Airborne Brigade: Sky Soldiers] by 173rd Airborne Division, page 216, published by Turner Publishing Company ISBN 1596520167] [ [http://books.google.com.au/books?id=h523mYAJneQC&pg=PA160&dq=norbert+maclean&sig=3Z5G6c0uquWtmgxcgxhabi_yCbc The Legacy of the Purple Heart] , by Military Order of the Purple Heart, page 160, published by Turner Publishing Company ISBN 1563117231] [ [http://manchestertimes.micromediapubs.com/news/2007/1030/government/009.html "From the Desk of the Mayor",] by Lakehurst Mayor Stephen Childers, "Manchester Times", October 30, 2007] According to the book "173rd Airborne Brigade: Sky Soldiers", Norbert, Jr. was wounded three separate times in combat on a single day during assaults on a North Vietnamese Army base camp. After two months of recovering in hospital Norbert, Jr. returned to the Republic of Vietnam and served in the 503rd Infantry Regiment. After the completion of his overseas combat tour, Norbert, Jr. was assigned to the Army's elite 82nd Airborne Division. Additionally, Norbert, Jr. holds the U.S. Army Combat Senior Parachutist Badge and the Combat Infantryman Badge. MacLean’s grandfather, Norbert Sr., also a Navy veteran, was awarded the Distinguished Flying Cross by Secretary of the Navy James Forrestal."The Distinguished Flying Cross Society" by Randy W. Baumgardner, published by Turner Publishing Company ISBN 1563116588] Norbert, Sr. holds the Navy's Combat Aircrew Wings with two combat stars. He was later awarded the Distinguished Service Medal for his service in World War II. [ [http://nj.gov/military/news/archives/p81204.htm "New Jersey Residents Receive State's Top Military Award"] , State of New Jersey Military & Veterans Affairs, December 4, 1998] In 2003, Norbert, Sr. was honored by the Mayor and Council of Island Heights, NJ for 25 years of volunteer service, including serving as fire chief, with the Island Heights fire department. [ [http://64.233.169.104/search?q=cache:X6TCYppheNcJ:www.islandheightsboro.com/newsletters/2003/Newsletter030128.doc Island Heights Mayor and Council Newsletter] ] , January 23, 2003]

Notable Australian lineage

During Norbert Jr's U.S. Army service he met MacLean's mother, Noelene, in Australia and soon after she moved to the United States. The Australian born Noelene died at a New York hospital on April 14, 1980 from cancer when MacLean was age nine. [ [http://www.worldvitalrecords.com/SingleIndexIndView.aspx?ix=ssdiall&hpp=1&rf=*,z*&qt=i&zassn=138&zgssn=50&zsssn=7264&highlight=Noelene%2cGrube%2c1980 Death Master File from Social Security Administration of "Noelene Grube" as reported on WorldVitalRecords.com] retrieved on March 25, 2008] [New York State Dept. of Health Cert. of Death state file number 00001029580 filed on April 15, 1980.] [Noelene's name at birth was "Nolene Joy O'Connor" according to Office of Attorney General, New South Wales, Births, Deaths & Marriages, birth certificate registration number 1948/001504. She was the great-great granddaughter of noted engineer Charles Yelverton O'Connor.] MacLean is an Australian citizen under descent [ [http://www.austlii.edu.au/au/legis/cth/consol_act/aca2007254 Australian Citizenship Act of 2007] ; Australia law permits the children of any Australian parent to register as an Australian citizen.] and his great-great-great grandfather was engineer Charles Yelverton O'Connor, CMG, who is noted for the development of Western Australia. [ New South Wales Births, Deaths and Marriages, certificate of marriage of Gordon Thomas O'Connor and Elizabeth Noreen Hardiman, December 7, 1947, Surry Hills, New South Wales, Australia. Gordon Thomas O'Connor is the great grandson of Charles Yelverton O'Connor, CMG, and is MacLean's maternal grandfather.] O'Connor served as the first [http://en.wikipedia.org/wiki/Public_Works_Department%2C_Western_Australia#Leaders Engineer-in-Chief] of Western Australia and is most noted for the Goldfields Water Supply Scheme. Additionally, Sir George Julius, who invented the world's first automatic totalisator, was MacLean's great-great grand uncle (through marriage to MacLean's great-great grand aunt Eva O'Connor). [http://www.adb.online.anu.edu.au/biogs/A090526b.htm Julius, Sir George Alfred (1873 - 1946)] Australian Dictionary of Biography, Online Edition. Retrieved July 11, 2008 ] Sir George Julius was the first chairman to the Council for Scientific and Industrial Research, which later became the Commonwealth Scientific and Industrial Research Organisation (CSIRO).

After MacLean's work in America on Supreme Court access and the introduction of two Congressional bills he moved in 2007 from his home in Ocean Beach, San Diego, California to Sydney, Australia. The "Los Angeles Daily Journal" reported in a front page article that MacLean has been lobbying hard on the bills travelling between his home in Australia to San Diego and Washington, DC. His book "Access Denied: America's Second Class Citizens" is expected to be published later in 2008. ["Access Denied: America's Second Class Citizens" is registered as a script with the Writers Guild of America, West and the Australian Writers' Guild. In 2002 MacLean's life story was also registered as a script with the Writers Guild of America, West and indicates that as of 2002 Judy Coppage of The Coppage Company, Studio City, California is MacLean's agent.]

Published commentary

MacLean's published commentary include:
* [http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1202421927917&hub=Commentary Who Hears the Troops?] Legal Times, June 9, 2008 [ [http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1202421927917&hub="Commentary Who Hears the Troops?"] by Norbert Basil MacLean III, Legal Times, June 9, 2008]
* [http://www.latimes.com/news/opinion/la-oew-maclean10-2008sep10,0,5725833.story Separate and unequal military justice] , Los Angeles Times, September 10, 2008 [ [http://www.latimes.com/news/opinion/la-oew-maclean10-2008sep10,0,5725833.story "Separate and unequal military justice"] , op-ed, by Norbert Basil MacLean III, Los Angeles Times, September 10, 2008]

References