Civilian Defense Counsel: Fueled by Honor or Greed?

The Internet age and its attendant anonymity contribute significantly to people’s belief that harsh and even baseless criticism is perfectly acceptable. Or at least, that’s what I tell myself. My ...

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How Many Members Sit On a Court-Martial Panel?

How Many Members Sit On a Court-Martial Panel? Each of the three courts-martial are composed of a different number of members. With a general court-martial, you have to have a minimum of at least ...

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Here They Go Again – Proposed Amendments to Military Article 120 Sexual Offenses

Of the seven proposed changes the Judicial Proceedings Panel (JPP) made in its February 2016 report, those that are the most troubling regard amending Article 120’s definition of consent and ...

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What Are the Three Types of Court-Martial?

What Are the Three Types of Court-Martial?   There are three kinds of court-martial in the military. The two main kinds are a general court-martial and a special court-martial, which generally ...

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Marijuana Legalization and the Military

With twenty-three states now permitting marijuana use in some form, questions abound regarding the implications for military justice. For Active Duty servicemembers the answer is clear, and your UA ...

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Participating in a Military Investigation through Counsel

A close cousin to the dirty little secret of retained civilian counsel is advice to ride out the investigation and hope that nothing comes of it. I disagree wholeheartedly. Even in the age of ...

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Witchcraft and Voodoo – Polygraph Examinations in Military Justice

At their core, in military practice, polygraph examinations are used as an instrument of interrogation, a technique to secure inconsistent denials, admissions or outright confessions. Their utility ...

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How Long Does a Misconduct Investigation Last?

How Long Does a Misconduct Investigation Last? If a military investigation is being conducted by the command it can last anywhere from a few weeks to a few months. If on the other hand a military ...

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Everyone Deserves an Answer

Regrettably, I recently was solicited for a letter to support a former military supervisor who is facing adverse action for an investigation into “mismanagement,” the current code word for the ...

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Keeping the Wolves at Bay

I find myself blogging often about court-martial process, reprimand rebuttal delays, and the importance of allowing the framework still in place in the military to work in a fair manner. ...

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Time After Time…

It seems these days I spend a significant amount of time justifying delays on behalf of clients, rather than focusing my efforts on preparing work product and other services for them and the due ...

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Odds Are…

An enormous part of being an effective trial advocate is being able to assess the evidence and provide guidance about the anticipated outcome. It is a natural inclination for a person facing criminal ...

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To “Seek the Truth”

Through the years of my practice in military justice, I have seen the phrase to “seek the truth” thrown around in a variety of contexts. I remember my chief of military justice as a trial counsel ...

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What is a Letter of Reprimand?

A Letter of Reprimand is an administrative tool that the military uses in order to address what they believe to be misconduct that’s not necessarily deserving of a court-martial, but in their minds ...

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Is Drunk Sex Legal in the Military?

Often we receive questions that ask whether or not it is illegal under the Uniform Code of Military Justice to engage in sexual activity with someone who is drunk. There is in fact a lot of training ...

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Gone but Not Forgotten

First, I am fully aware that Veterans Day celebrates the achievements of those who serve or have served, not explicitly those who have given the ultimate sacrifice, as Memorial Day commemorates. When ...

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