This report addresses the issue many of us in the military have been discussing for decades: The competence of military litigators--not because of intelligence or dedication--but because of lack of experience. As the number of courts-martial continue to decline, so too does the opportunity to gain that valuable experience, and everyone suffers when lack-of-experience mistakes are made in the courtroom: the lawyers, the victims, the accused, the very system itself.
While I welcome the GAOs recommendations, they don't address this root cause. Perhaps nothing can.
In a modern world, with video communications, long-arm jurisdiction statutes, and the ability to near instantly relocate servicemembers and witnesses, Congress should consider whether (at least) felonies are better tried by civilian jurisdictions with experienced prosecutors, defense lawyers, and judges.
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Do Military Attorneys Have Sufficient Experience to Litigate Complex Criminal Cases? A new government study casts doubt.
Servicemembers who are victims or accused of serious crimes like sexual assault rely upon the efforts of the military attorneys assigned to prosecute or defend them. But “DOD and Congress have raised concerns about the litigators' experience and whether they have the needed skills to try complex cases, including sexual assault.” This is absolutely a valid concern.
The Services typically assign the junior most attorneys to either prosecute or defend servicemembers accused of felony-level crimes—a practice not found in nearly any civilian jurisdiction. While these junior military officers are dedicated, intelligent and professional, they lack the critical experience needed to be effective when litigating a complex case.
The American Bar—and every seasoned litigator—understand the absolute importance of experience in the courtroom. It's long past time the Serviced recognize this as well.
Our servicemembers--both victim and accused--deserve no less.
![Military Justice: Actions Needed to Help Ensure Success of Judge Advocate Career Reforms]()
Military Justice: Actions Needed to Help Ensure Success of Judge Advocate Career Reforms
gao.gov
