Symposium: Legal Ethics & Modern Military Justice -- Now Live!

2/15/2021

VOLUME 49 | ISSUE 1 | FALL 2020
TABLE OF CONTENTS
Table of Contents for Notes

Symposia
Legal Ethics and Modern Military Justice

ARTICLES

Symposium Introduction
Is Demilitarizing Military Justice an Ethical Imperative for Congress, the Courts, and the Commander-in-Chief
By Dan Maurer

Fears of Tyranny: The Fine Line Between Presidential Authority over Military Discipline and Unlawful Command Influence Through the Lens of Military Legal History in the Era of Bergdahl
By Joshua Kastenberg

Court-Martial Sentences: Time for More Transparency
By Christopher E. Martin and Timothy P. Hayes, Jr.

A House Divided: The Unique Ethical Dynamic of Civil and Military Co-Counsel Relations in Court-Martial Defense
By Robert E. Murdough

Judicial Disclosure and the Judicial Mystique
By Michel Paradis

At the Elbow and Under Pressure: Legal, Military, and Intelligence Professionals
By Dakota S. Rudesill

Probable Cause and the Provable Cause: Bridging the Ethical Gap that Exists in the Military Justice System
By Mitchell M. Sullivan

Ordering Injustice: Congress, Command Corruption of Courts-Martial, and the Constitution
By Rachel E. VanLandingham

1 Comment

Read for Content

2/19/2021 12:17:57 pm

Major Murdough's article may describe a house divided. But it certainly does achieve an attention divided. The "he" in the hypothetical becoming a "her" in the examination does nothing for the message.

TDS has its SOP; whatever that is. I've seen dud DC's try to plug guesswork into the checklist and requested detailed counsel denied. Nor is it hypothetical that a CDC fudges the attention necessary to a cohesive defense. It's a freakin horror story to an accused when SDC and a junior DC make so much static covering their hides the client can't wake up the CDC.

This article does nothing to quite that noise. An ethical TC would see an ineffective defense and call the court on it. Instead the client gets the affirmation trail for the attorneys. ACCA reviewed three cases suggesting IEC on a single TDS DC occurring between 2009-10. Each one was resolved by the MJ’s dialogue with the Accused. My guess is the MJ knew what a dipstick the guy was. He certainly had no love for TDS and wasn’t going to suffer for them.

So a poor defense is the fault of exactly who it seems to be, the poor defense. TDS getting its cover may produce a house. It’s one that doesn’t deserve to stand.

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Symposium: Legal Ethics & Modern Military Justice -- Now Live!

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