In late 2021, Congress reformed the military justice system in a way that materially alters the traditional division of prosecutorial responsibility between nonlawyer military commanders and uniformed lawyers. That reform is consistent with trends among U.S. allies and the continued evolution of the American military justice system. To aid Congress in deciding whether further changes are warranted, steps should be taken now to gather data on the effect of the reform. Although the services remain surprisingly autonomous in the administration of military justice, it is critical that the data gathered reflect common standards, definitions and reporting periods across service lines.
The Division of Authority Between the Special Trial Counsel and Commanders Under the Uniform Code of Military Justice: Planning Now for the Next Phase of Reform. Lawfare, February 28, 2022.
Philip D. Cave, Don Christensen, Eugene R. Fidell, Brenner M. Fissell, Dan Maurer
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law