Independent military lawyers now in charge of prosecuting servicemembers’ major crimes

The Defense Department unveiled four new specialized offices on Thursday that will prosecute major crimes committed by active servicemembers, shifting away from commanders who previously oversaw the cases.

The four new special trial offices are divided into the Navy, Army, Air Force, and Marine Corps and are staffed with independent lawyers. The offices will handle the prosecution of 13 major crimes, including murder, domestic violence, manslaughter, kidnapping, stalking, sexual assault, and child pornography.

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Defense Secretary Lloyd Austin said the new offices are a “landmark change” for the military justice system. Prior to the new policies, many crimes fell under the purview of military commanders, which has been heavily criticized by military justice advocates.

“It is the most important reform to our military justice system since the creation of the Uniform Code of Military Justice in 1950,” Austin said in a statement. “This reform aims to help strengthen accountability and increase all of our service members’ trust in the fairness and integrity of the military justice system.”

The biggest impact the change will likely have is the handling of sexual assault cases, which is a serious problem within the United States military. Previously, a commander was able to decide whether to pursue a case. The move comes after Congress passed a requirement in 2022 for the Pentagon to establish independent prosecutions in its annual defense bill.

“We are also taking major steps in the areas of prevention, climate and culture, and victim care and support,” a defense official told reporters last week. “These reforms are one piece, a major piece, but one piece in a broader effort that also includes preventing these crimes and ensuring we provide exceptional care and support to victims.”

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The Pentagon is also creating a 2,000-person workforce that will include workers at every U.S. military base around the world and focus on problems such as sexual assault. Because the U.S. has forces all over the world, the independent special trial offices will include lawyers that represent different regions of the globe where troops are stationed.

The special offices will report directly to each service branch’s secretary. The Army, Navy, and Marine Corps will also have at least one special trial office located in Virginia.

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