The Uniform Code of Military Justice says that you are entitled to a military defense counsel for most adverse actions against a service member. This includes courts-martial, Article 32, discharge hearings, Article 15, Reprimands, and more. Military defense attorneys are free to the service member.
Service members entitled to a military attorney are also permitted to elect representation by a civilian attorney. In most circumstances, the military defense attorney will work with civilian attorneys. The service member is responsible for the expense of a civilian attorney.
The experience and qualifications of a free military attorney can vary widely. In many situations, a military defense attorney is only months or a couple years out of law school. Even experienced military attorneys haven’t tried more than a few litigated courts-martial.
Military attorneys are uniformed officers and subject to the orders of superior officers and compete for promotion and accolades against prosecutors and other Government attorneys. Many question the ability of a military defense attorney to separate their conflict of interest with the command they are supposed to be fighting against.
Is A Civilian Allowed To Practice In A Military Court?
Any attorney licensed in a US State may practice in military court. There are no formal requirements for civilian attorneys to have a military background or knowledge of military law.
Like anyone searching for an attorney, there are many factors to consider. When thinking about hiring a civilian attorney, the experience, background, military connection, and litigation skills should all be closely evaluated.
There is a difference between being allowed to practice in a military court and being capable of practicing in a military court. Military courts are very different and they require experience. A military judge isn’t going to give you a break just because you have not been in a military court before. They are going to require a civilian attorney to follow the same rules, regulations, and standards of practice as any military attorney. You want an experienced military attorney, who regularly works on these types of cases so that you are best represented in the military court.
