What Is “Detailed” Military Defense Counsel?
Each armed service provides, at no cost, a Judge Advocate military defense counsel to represent and advise servicemembers charged with crimes before military courts-martial. In the Army, this service is called the Trial Defense Service (TDS). In the Air Force and Space Force, it is called the Area Defense Counsel (ADC). The Navy and Marine Corps’s military defense counsel fall under the Defense Service Office (DSO). The Coast Guard provides military defense counsel through the Defense Services Division.
We’ll use the term “appointed military counsel” to refer to all of them.
Pros of Appointed Military Counsel
Appointed counsel are completely free of charge.
Appointed counsel are familiar with the jurisdiction in which you are tried. They have likely appeared before the military judge who will preside over your case. They know the installation’s culture and approach to military justice, as well as the tactics prosecutors may employ at trial.
Appointed counsel are often talented, passionate, and committed trial attorneys. The attorneys at Mangan Law are proud alumni of the United States Army Trial Defense Service, where they worked with outstanding trial attorneys. Some of the best attorneys we have ever met were appointed military defense counsel.
Cons of Appointed Military Counsel
Appointed counsel are often new to the practice of law. In some cases, these attorneys are fresh out of law school and the Officer Basic Course (OBC). If you are represented by appointed counsel, there is a chance it will be the first time your attorney has ever tried a case in the courtroom—especially if they are a newer attorney at a smaller installation.
In some cases, appointed counsel are not serving in that role by choice. As a general practice in each service’s Judge Advocate General (JAG) Corps, attorneys are frequently rotated through one- to two-year stints in assignments: Legal Assistance, Administrative Law, Trial Counsel (Prosecution), Contracts, Trial Defense, and so on. Your appointed counsel may be a contracts attorney who dislikes trying cases in the courtroom but must complete a one-year detail to a position they are not particularly skilled at.
It is rare to find an appointed military defense counsel who has been practicing court-martial defense for more than two or three years.
Appointed counsel carry heavy caseloads. While not as busy as public defenders downtown, they sometimes struggle to manage their trial schedules. These counsel always put in their best effort for clients, but there are only so many hours in a day.
Appointed counsel are independent but still constrained by their role as active duty servicemembers. An appointed counsel may be reluctant to annoy a Chief of Justice or Commanding General (CG) whom they may end up working for in their next assignment. Political considerations may limit them from calling a senior officer as a witness or advocating directly to the CG. A civilian defense counsel, by contrast, operates outside the strictures of military hierarchy and can act without fear of retaliation or reprisal.
Appointed counsel are subject to reassignment. When Permanent Change of Station (PCS) season arrives, it is not unusual to lose your appointed attorney and start over with a new attorney who may not know you or your case.
You do not get to choose your appointed counsel; you receive whoever is assigned. By contrast, you can handpick a civilian defense counsel.
Choosing the right attorney for a court-martial can determine the outcome of your case and the future of your military career. While appointed JAG counsel are knowledgeable and dedicated, they may face limits in experience, independence, and availability. A civilian defense attorney can provide focused, experienced representation without the constraints of the chain of command. If you are facing court-martial charges, contact Mangan Law today to discuss your options and ensure your rights and career are fully protected.