Hawaii Military Defense Lawyers | UCMJ & Court-Martial Attorneys

Gonzalez & Waddington, Attorneys at Law are nationally recognized military defense lawyers and UCMJ law experts defending Soldiers, Sailors, Airmen, Marines, Guardians, and Coast Guardsmen stationed across Hawaii. With major commands at Joint Base Pearl Harbor–Hickam (JBPHH), Schofield Barracks, Marine Corps Base Hawaii (Kaneohe Bay), Fort Shafter, Tripler Army Medical Center, and PMRF Barking Sands, Hawaii is a strategic hub for Indo-Pacific operations—where investigations, courts-martial, and clearance actions move fast and carry high stakes. If you’re facing court-martial, Article 15/NJP, administrative separation, Board of Inquiry (BOI), or a security clearance suspension, your rank, retirement, and reputation are on the line.

Michael Waddington and Alexandra Gonzalez-Waddington have defended thousands of service members worldwide, including at Hawaii’s most active installations. They are known for dismantling weak command cases, exposing investigative errors, and winning high-profile trials and boards. As independent civilian counsel, they answer only to you—not the chain of command.

Why service members in Hawaii choose Gonzalez & Waddington

• ✅ Decades of global UCMJ litigation—thousands of enlisted and officer clients defended, E-1 to O-7.
• ✅ Proven results in complex cases: sexual assault, classified handling, cyber/Intel, fraternization, domestic violence, and leadership allegations.
• ✅ Authors and trainers on cross-examination and military trial strategy—relied upon by lawyers and service members worldwide.
• ✅ Precision challenges to OSI/NCIS/CID investigations, digital forensics, and procedural flaws.
• ✅ Independent, aggressive advocacy—focused on saving your career, clearance, and future.

What we defend in Hawaii

• General & Special Courts-Martial; Article 32 preliminary hearings
• Article 15/NJP, Letters of Reprimand, UIF/adverse eval rebuttals
• Administrative Separation Boards & Officer Boards of Inquiry (BOI)
• Command investigations, IG complaints, AR 15-6/JAGMAN inquiries
• Security clearance suspension/revocation (CAF/DoD), SCI/SAP/PRP issues

Key UCMJ charges we fight

• Art. 120/120b/120c — Sexual assault / child / other sexual misconduct
• Art. 128b — Domestic violence; Art. 128 — Assault
• Art. 112a — Drug use / possession / distribution
• Art. 92 — Failure to obey; Art. 107 — False official statements
• Art. 133/134 — Conduct unbecoming & general offenses (adultery, fraternization, obstruction)

If you’re stationed in Hawaii and facing a legal crisis, contact Gonzalez & Waddington immediately. Early strategy protects your clearance, career, and future.

Hawaii Military Defense – Frequently Asked Questions

Which Hawaii installations do you serve?

We defend service members at Joint Base Pearl Harbor–Hickam (JBPHH), Schofield Barracks, Marine Corps Base Hawaii (Kaneohe Bay), Fort Shafter, Tripler Army Medical Center, PMRF Barking Sands, and Coast Guard units across Oahu and the outer islands.

Do you represent both enlisted and officers in Hawaii?

Yes. We represent E-1 through O-7, including warrant officers and special operations, aviation, Intel, cyber, medical, and command-level personnel. We routinely defend officers at Boards of Inquiry and enlisted members at separation boards statewide.

Can you help with security clearance problems tied to Hawaii investigations?

Absolutely. We prepare mitigation and rebuttal packages for CAF/DoD, address SCI/SAP/PRP issues, and coordinate strategy with the underlying UCMJ or administrative action to protect access in Hawaii’s high-clearance commands.

Will you travel to Hawaii for courts-martial and boards?

Yes. We appear in person for Article 32s, courts-martial, separation boards, and command investigations throughout Hawaii. We also offer secure remote consultations to start your defense immediately.

When should I contact a lawyer if I’m under investigation in Hawaii?

Immediately. Invoke Article 31(b) and speak with counsel before interviews or written statements. Early representation by Gonzalez & Waddington helps control the narrative, protect your clearance, and fight adverse action from the start.

Military Law in Hawaii: Your Comprehensive Guide to UCMJ, Courts-Martial, and Legal Defense

Introduction: The Unique Landscape of Military Justice  & the UCMJ in Hawaii

The United States military operates under a distinct legal framework, separate from the civilian justice system. This specialized system is meticulously designed to maintain discipline, uphold military law, and ensure the proper functioning and efficiency of the armed forces, thereby strengthening national security.¹

This unique legal landscape is primarily governed by the Uniform Code of Military Justice (UCMJ) and its implementing guide, the Manual for Courts-Martial (MCM).¹

The term “uniform” in the UCMJ’s title signifies its consistent application across all branches of the U.S. armed forces, replacing disparate legal codes that existed previously for individual services.²

This standardization aims to ensure equitable treatment regardless of service branch. The consistent application across all armed services means that the UCMJ must be broad enough to encompass the unique operational realities and cultural nuances of each service.

This design choice reflects a strategic decision to prioritize a unified legal front for national security and discipline over service-specific legal autonomy, highlighting the military’s emphasis on cohesion and interoperability. For service members, this signifies that the core legal principles governing their conduct remain consistent regardless of their branch or duty station.

Section 1: Foundations of Military Law – The Uniform Code of Military Justice (UCMJ)

1.1 What is the UCMJ? Scope, Purpose, and Application

The Uniform Code of Military Justice (UCMJ) functions as a complete set of criminal laws specifically tailored for the armed forces.³ It encompasses a wide array of offenses, including those commonly found in civilian law such as murder, rape, drug use, larceny, and drunk driving. Crucially, it also defines and punishes conduct unique to the military environment that directly impacts good order and discipline.

These unique military crimes include, for example, desertion, absence without leave (AWOL), disrespect towards superiors, failure to obey orders, dereliction of duty, wrongful disposition of military property, drunk on duty, malingering, and conduct unbecoming an officer.³

The UCMJ is implemented through Executive Orders issued by the President of the United States, which collectively form the comprehensive Manual for Courts-Martial (MCM).³ The fundamental purpose of military law, as articulated in the MCM Preamble, is to promote justice, maintain good order and discipline within the armed forces, enhance military efficiency and effectiveness, and thereby strengthen national security.³

The UCMJ applies to all members of the Army, whether on active duty, in the Reserves, or the National Guard, and similarly across all other branches of the armed forces.¹ The UCMJ’s dual nature, covering both civilian-equivalent and military-specific crimes, indicates the military’s need for a comprehensive legal system that addresses both common criminal behavior and conduct uniquely detrimental to military operations and discipline.

This distinction highlights the distinct societal contract of military service, where certain behaviors are criminalized solely due to their impact on military readiness and order.

For instance, being “drunk on duty” is a UCMJ offense because it directly impairs military readiness and safety, whereas a civilian might only face workplace disciplinary action. This underscores the unique legal obligations and heightened accountability inherent in military service, reflecting the profound trust placed in service members.

This dual jurisdiction can create complexities for service members, as they might be subject to both civilian and military law for the same conduct, raising questions about which jurisdiction takes precedence or how outcomes in one system might affect the other.

1.2 Core Principles of Military Law and Service Member Rights

The military justice system is designed to provide accused service members with robust rights and due process protections, which in many ways are considered superior to those afforded in civilian criminal courts.³ A cornerstone of these protections is Article 31 of the UCMJ.³

Under Article 31, UCMJ Rights (10 USC § 831), servicemembers have a fundamental right against self-incrimination. They must be informed of the suspected offense(s) before any questioning begins.³

Furthermore, they are entitled to free military counsel when questioned as a suspect, upon preferral of court-martial charges, or initiation of arrest or apprehension.³ These rights are typically afforded much earlier in the military justice process than in civilian practice, applying whenever a service member is questioned as a suspect.³

Regarding the Right to Counsel, an independent military defense counsel is provided free of charge, regardless of the accused’s ability to pay.³ Service members also have the option to employ civilian counsel at their own expense or request a particular military counsel if reasonably available.³ Counsel representation is guaranteed at magistrate hearings (for pretrial confinement decisions), Article 32 investigations, and all court-martial sessions.³

In terms of Pretrial Confinement & Due Process, the military justice system mandates a review of any decision to confine a military member within 48 hours, mirroring civilian requirements.³

Notably, service members do not have to post bail, continue to receive their regular military pay, and do not lose their jobs while awaiting trial.³ Due process, guaranteed by the Fifth Amendment, ensures that service members subject to court-martial are treated fairly.⁶

This includes the right to a fair and impartial panel (jury), adequate notice of charges and evidence, the opportunity to present a defense, a public trial (with some national security exceptions), and the presumption of innocence with the burden of proof resting on the prosecution to prove guilt “beyond a reasonable doubt”.⁶

The UCMJ’s provision of rights described as “superior” to civilian courts and the explicit constitutional due process protections suggest a recognition within the military justice system of the unique power dynamics and potential for abuse, particularly given the chain of command structure. These enhanced protections serve as a counterbalance to the inherent authority commanders wield.

The early provision of counsel and the Article 31 warnings are critical because of the potential for perceived or actual command influence during investigations. The absence of bail and continuation of pay also reflect the military’s responsibility for its members, even when accused, as they remain part of the force and are not summarily dismissed.

These protections, while strong on paper, are often where the system faces scrutiny, particularly concerning issues like command influence.

1.3 The Manual for Courts-Martial (MCM): The Implementing Guide

The Manual for Courts-Martial (MCM) serves as the official and comprehensive guide for the conduct of courts-martial within the United States military.⁴ It is an Executive Order of the President of the United States, detailing and expanding upon the military law established in the Uniform Code of Military Justice (UCMJ).⁴

The MCM is a voluminous document that compiles both executive orders and their corresponding interpretations. It is structured into five main parts, complemented by 22 appendices ⁴:

• Part I: Preamble – Provides background and jurisdictional information.⁴
• Part II: Rules for Courts-Martial (R.C.M.) – Outlines the procedural rules governing military trials.⁴
• Part III: Military Rules of Evidence (Mil. R. Evid.) – Sets forth the rules of evidence, which are similar to the Federal Rules of Evidence but with specific military adaptations (e.g., rules on privileges, interrogation, and the rape-shield rule).³
• Part IV: Punitive Articles – Details the elements and punishments for various offenses under the UCMJ.⁴
• Part V: Non-Judicial Punishment (NJP) – Provides guidelines for the imposition of non-judicial punishment (e.g., Article 15).⁴

The appendices include the U.S. Constitution, the UCMJ itself, analyses of the parts, historical executive orders, and various forms.⁴ The MCM is regularly updated through amendments and new editions to remain current with legal principles and legislative changes, such as those from the Military Justice Act of 2016.⁴

The MCM’s comprehensive nature, including detailed rules of evidence and punitive articles, signifies a deliberate effort to create a self-contained legal system. This reduces reliance on external civilian legal precedents for day-to-day operations, reinforcing the military’s autonomy in maintaining internal discipline.

This extensive codification suggests a strong desire for internal legal consistency and self-sufficiency within the military. By having its own detailed rules of evidence and procedural rules that are similar to the federal rules of evidence but distinct, the military justice system can operate with a degree of independence from the evolving complexities of civilian jurisprudence, while still aligning with fundamental American legal principles.

This autonomy allows the military to swiftly address issues of discipline and order critical to its mission without constant external legal interpretation. For service members, this means that even if they are familiar with civilian law, the nuances of the MCM require specialized legal counsel who are intimately familiar with its specific provisions, interpretations, and how they are applied in practice. Relying on general legal knowledge alone would be insufficient.

Section 2: The Court-Martial Process and Its Implications

2.1 Overview of Military Courts-Martial: Specialized Tribunals

Military courts-martial are the cornerstone of the military justice system, functioning as specialized tribunals dedicated to enforcing the Uniform Code of Military Justice (UCMJ).¹⁰ Understanding the different types of courts-martial is crucial for any service member facing legal issues, as each serves a distinct purpose and carries varying levels of severity and potential punishments.¹¹

These proceedings are designed to maintain discipline, uphold military law, and ensure accountability within the armed forces.¹ The characterization of courts-martial as “specialized tribunals” underscores the military’s unique operational environment and the need for a legal system that can rapidly and effectively address conduct impacting readiness and discipline, which civilian courts are not equipped to handle.¹⁰

This specialization implies that the focus extends beyond mere criminal culpability to include the impact of the offense on military order, discipline, and mission effectiveness. This means that certain behaviors, while potentially minor in a civilian context, might be treated more severely in a military court due to their potential to undermine the chain of command, unit cohesion, or operational readiness.

The centrality of courts-martial to maintaining military functionality and ensuring the military can effectively carry out its national security mission necessitates legal representation that understands not only the UCMJ’s legal statutes but also the military’s operational realities and the profound implications of a conviction on a service member’s career, reputation, and the unit’s mission.

2.2 Types of Courts-Martial: Summary, Special, and General

The military courts-martial system operates through three distinct levels, each handling different types of offenses and carrying varying levels of punishment.¹⁰

Summary Court-Martial (SCM)

The Summary Court-Martial is the least severe form of military trial, generally used for minor offenses or misconduct.¹⁰ It is not considered a criminal trial and will not result in a criminal conviction.¹⁰ This process is designed to be swift and efficient.¹¹

An SCM is presided over by a single commissioned officer who does not need to be a lawyer, and this officer acts as prosecutor, defense counsel, judge, and jury.¹⁰ The proceedings are informal.¹¹ The accused has the absolute right to refuse a trial by Summary Court-Martial.¹⁰ If refused, the case may be referred to a higher court-martial.

The accused does not have the right to representation by a detailed military attorney, though they can hire civilian counsel at their own expense.¹⁰ Maximum punishments are significantly less severe than Special or General Courts-Martial and depend on the accused’s grade. Penalties can include confinement for up to 30 days, reduction in rank, or forfeiture of pay.¹¹

Special Court-Martial (SPCM)

The Special Court-Martial is an intermediate-level court-martial, akin to a civilian misdemeanor court, addressing more serious offenses than an SCM.¹⁰ A Special Court-Martial typically consists of a military judge and at least three officers as jury members.¹¹ Alternatively, some sources state it can consist of four jury members.¹⁰ An enlisted accused may request that the court be composed of at least one-third enlisted personnel.³ The accused may also request trial by judge alone.¹⁰

A newer type, the Judge-Alone Special Court-Martial, allows the accused to be tried and sentenced solely by a military judge. In this format, the maximum punishment is limited to confinement of no more than six months and no more than six months of forfeiture of pay, and a Bad Conduct Discharge (BCD) cannot be imposed.¹⁰ Proceedings are more formal than an SCM.¹¹

The accused has the right to be represented by a detailed military defense attorney or can hire civilian counsel.¹¹ Jurisdictional maximum sentences can include a Bad Conduct Discharge (BCD), reduction to the lowest enlisted pay grade (E-1), confinement for up to one year, and forfeiture of two-thirds pay per month for one year.¹⁰

General Court-Martial (GCM)

The General Court-Martial is the most severe type of military trial, reserved for the most serious offenses, often compared to felony courts in the civilian system.⁵ It can only be convened by high-ranking officials such as the President, the Secretary of Defense, a commanding officer of a central military installation, or a general or flag officer.¹¹

A GCM involves a military judge and at least five officers as jury members.¹¹ The accused has the right to request to be tried and sentenced by a military judge alone or with a jury.¹⁰ These are formal proceedings resembling a civilian criminal trial, and the accused is entitled to a military defense attorney.¹¹

The maximum punishment is established for each offense under the Manual for Courts-Martial and can be extremely severe, including death (for specific offenses like murder or treason), life imprisonment, significant confinement, a Dishonorable Discharge (DD) or Bad Conduct Discharge (BCD) for enlisted personnel, or a dismissal for officers.¹ A court-martial conviction, depending on its type, has the potential to be a life-altering and career-affecting event, taking away rank, pay, and freedom.¹⁰

The graduated severity of courts-martial (Summary, Special, General) reflects a pragmatic approach to military discipline, allowing commanders to address misconduct proportionally to its impact on good order and discipline.

However, the varying rights to counsel, particularly the absence of a right to detailed military counsel for SCMs, creates a critical juncture where early civilian legal intervention becomes paramount. While SCMs are not considered criminal trials in the military sense, they can still result in confinement, reduction in rank, or forfeiture of pay, which are serious career and financial impacts.¹¹

The absolute right to refuse a Summary Court-Martial is a critical, often under-understood right that, if exercised, would typically lead to a higher-level court-martial where counsel is provided.¹⁰ This decision point—whether to accept an SCM or demand a higher court—is where early legal advice, ideally from civilian counsel, is vital. Without counsel, a service member might unknowingly waive rights or accept an outcome that could have been avoided or mitigated, potentially impacting their career trajectory.

This structural aspect of the UCMJ system implicitly encourages early engagement with legal counsel, particularly civilian attorneys who are not constrained by the military’s rules regarding when they can officially represent a service member.¹²

2.3 Potential Outcomes and Sentencing in Courts-Martial

The potential outcomes and sentences in courts-martial vary significantly based on the type of court-martial and the nature and gravity of the offense. For General Courts-Martial, the maximum punishment for each offense is established under the Manual for Courts-Martial.¹⁰

The range of punishments can extend from less severe administrative actions to the most extreme penalties. These include:

• Reprimands (formal written censures) ¹
• Reduction in rank (demotion) ¹
• Forfeiture of pay and allowances ¹
• Extra duties ¹
• Restriction to limits (similar to house arrest) ¹
• Confinement (imprisonment) ¹
• Fines ¹
• Punitive discharges: Bad Conduct Discharge (BCD) or Dishonorable Discharge (DD) for enlisted personnel, and dismissal for officers.¹ These punitive discharges are severe, often career-ending, and can lead to the loss of military benefits.
• Life imprisonment ¹
• The death penalty (reserved for specific, egregious offenses like murder or treason).¹

In all UCMJ proceedings, the standard of proof required for conviction is “beyond a reasonable doubt”.¹ This is the highest standard of proof in the legal system, placing a significant burden on the prosecution to present compelling evidence that leaves no reasonable doubt about the accused’s guilt.¹

This standard is crucial for safeguarding service members’ rights and preventing wrongful convictions.¹ The “beyond a reasonable doubt” standard aligns military justice with fundamental American criminal jurisprudence, yet the unique military punishments highlight that the “loss of liberty or property” in the military context extends beyond mere incarceration to encompass one’s entire career and livelihood.⁶

This underscores the profound and often irreversible impact of a court-martial conviction on a service member’s life. While the standard of proof is high, the types of “property” or “liberty” at stake in a military trial are distinct and often more pervasive. A dishonorable or bad conduct discharge is not merely a loss of a job; it can strip veterans’ benefits, impact future civilian employment opportunities, and carry significant social stigma, effectively ending a career and significantly altering a service member’s life trajectory.

This means that even if a service member avoids confinement, the other punishments can be profoundly life-altering, arguably more so than some civilian misdemeanor convictions. This broad range of potential penalties, particularly the career-ending discharges, makes robust defense counsel critical. The consequences are not just about jail time but about the entire trajectory of a service member’s life post-service, emphasizing the need for comprehensive legal strategy.

2.4 The Appellate Process in Military Justice

Following a court-martial conviction, cases undergo a multi-tiered review process.²

Initially, the case is reviewed by the Convening Authority—the commanding officer who referred the case for trial.² While the power of the convening authority was reduced in 2014, they still play a role in approving or disapproving findings and sentences.²

If the sentence, as approved by the convening authority, includes death, a bad conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is automatically reviewed by an Intermediate Court.² There are four such courts, one for each major service branch: the Army Court of Criminal Appeals, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals, and the Coast Guard Court of Criminal Appeals.²

After review by any of these intermediate courts, the next level of appeal is the United States Court of Appeals for the Armed Forces (CAAF).² The CAAF is the highest court in the military justice system.²

Finally, the Supreme Court of the United States has discretion under 28 U.S.C. § 1259 to review cases under the UCMJ on direct appeal in specific circumstances, such as death penalty cases, certified cases, or where the CAAF has granted discretionary review.²

If the CAAF denies a petition for review or a writ appeal, Supreme Court consideration may only be obtained through collateral review (e.g., a writ of habeas corpus).² The multi-tiered appellate structure provides multiple layers of review, indicating a commitment to rectifying errors and ensuring justice. However, the convening authority’s initial review, despite reduced power, still represents a unique aspect of military justice where a non-judicial figure has significant post-conviction influence.

This influence, inherent in the chain of command, can raise concerns about impartiality, even with the subsequent layers of judicial review. The presence of these multiple review stages suggests a system designed to balance the unique demands of military discipline with fundamental principles of fairness and due process, acknowledging the severe implications of court-martial outcomes.

Section 3: Military Installations in Hawaii and Legal Assistance Offices

Hawaii hosts a significant military presence across all branches, with various installations providing legal assistance to service members and their families. These Staff Judge Advocate (SJA) or Legal Assistance Offices (JAG offices) offer a range of services, often free of charge, covering both military administrative matters and personal legal issues.

3.1 Army Installations in Hawaii

The primary active duty Army Legal Assistance Office in Hawaii is located at Schofield Barracks.

• Schofield Barracks, HI
  • Legal Assistance Office: Building 2037, 278 Aleshire Ave., Schofield Barracks, HI 96857.¹³
  • Phone: (808) 655-8607.¹³
  • Hours: Monday–Thursday: 9 a.m.-4:30 p.m. (Consolidated Legal Center hours: M-W 9am-4:30pm, Th 1pm-4:30pm, F 9am-2pm).¹³
  • Services: Legal guidance in family law, estates, real property, economic assistance, civilian administrative matters (name changes, immigration/naturalization), and military administrative matters (line of duty investigations, FLIPL rebuttals, referred evaluation reports, Article 138 complaints, etc.).¹³ Notary services and powers of attorney are available on a walk-in basis.¹³
  • Sexual Assault Victims’ Counsel (SVC) Office: Located at 3585 McCornack Rd, Building 692 Schofield Barracks, Hawaii. Can be reached via email at usarmyhawaiisvc@army.mil.¹³

3.2 Navy and Air Force Installations in Hawaii

Joint Base Pearl Harbor-Hickam (JBPHH) serves as a central hub for both Navy and Air Force operations in Hawaii, with a shared legal services office.

• Joint Base Pearl Harbor-Hickam (JBPHH), HI
  • Region Legal Service Office Northwest (RLSO NW) Detachment Hawaii / Staff Judge Advocate (SJA) Office (Navy & Air Force): 850 Willamette St, 2nd Floor, Honolulu, HI 96818.¹⁵
  • Phone: (808) 859-1485.¹⁵
  • Email: prlhlegalassistanceoutreach@navy.mil.¹⁶
  • Website: https://cnrh.cnic.navy.mil/Installations/JB-Pearl-Harbor-Hickam/Operations-and-Management/Legal-Services/.¹⁵
  • Hours: Walk-in Notary/Power of Attorney Services: Monday 0900-1100, Wednesday 1000-1200. Attorney Services: Primarily by appointment; active-duty and active-duty dependents may walk in on Tuesdays between 0900 and 1400.¹⁵ The Air Force legal office provides walk-in notary and powers of attorney services from 9 a.m. to 3 p.m., except Federal Holidays and Family Days.¹⁸
  • Services: Provides legal assistance to active duty, retired, reservists on active duty, and their family members from all branches.¹⁸ Services include basic estate planning, wills, divorce/separation/annulment, indebtedness, limited advice on bankruptcy, real estate transactions, Servicemember’s Civil Relief Act, notarizations/powers of attorney, nonsupport of dependents, landlord/tenant disputes, consumer affairs, adoptions and guardianships, taxation, and immigration/naturalization.¹⁸

3.3 Marine Corps Installations in Hawaii

The Marine Corps Base Hawaii (MCBH) in Kaneohe Bay provides legal services for Marine Corps personnel.

• Marine Corps Base Hawaii (MCBH) – Kaneohe Bay, HI
  • Legal Services Support Team: Building 215, 4th Street, MCBH Kaneohe Bay, HI 96863.¹⁹
  • Legal Assistance Phone: (808) 496-1829 & (808) 496-6738.¹⁹
  • Trial Services Phone: (808) 496-6749/6750.²¹
  • Administrative Law Phone: (808) 496-6743.²¹
  • Main Phone (Legal Services Center): (808) 257-6783.²⁰
  • DSN Phone: 315-457-6783.²⁰
  • Website: https://www.mcbhawaii.marines.mil/Offices-Staff/Legal-Services/Legal-Services-Support-Team/.¹⁹
  • Hours: Monday – Friday: 7:30 a.m. – 5:00 p.m. (closed weekends and federal holidays).¹⁹
  • Services: Provides quality legal services regarding civil, criminal, and installation law matters, enhancing readiness of active duty and reserve Marines and Sailors.¹⁹

3.4 Coast Guard Installations in Hawaii

The Coast Guard District 14 serves the Pacific Islands, including Hawaii, with a dedicated legal assistance office.

• Coast Guard District 14 Legal (Pacific Islands)
  • Address: PJKK Federal Building, 300 Ala Moana Blvd, Honolulu, HI 96850.²²
  • Phone: (808) 535-3240.¹³
  • Website: https://www.uscg.mil/legal/la/Legal_Assistance_Find_Lawyer.asp.²²
  • Services: Coast Guard legal assistance attorneys provide advice and counsel regarding personal legal issues to service members, dependents, and retirees at no cost. These issues may involve family law, estate planning, consumer law, landlord-tenant relations, immigration, or other topics.²⁴

3.5 Space Force Installations in Hawaii

While the Space Force has installations in Hawaii, such as Ka’ena Point Space Force Station and the Maui Space Surveillance Complex, legal assistance for Space Force Guardians and their dependents is primarily provided through Department of the Air Force legal offices.²⁵

• Ka’ena Point Space Force Station, HI ²⁵
• Maui Space Surveillance Complex (MSSC), HI ²⁶
• Legal Services for Space Force Personnel in Hawaii: Space Force Guardians and dependents are serviced through the Department of the Air Force legal offices, including those at Joint Base Pearl Harbor-Hickam.¹⁵ The Peterson Space Force Base Legal Office, which is part of Space Base Delta 1 (responsible for Ka’ena Point SFS and MSSC), provides legal assistance services, including powers of attorney and notary services, wills, living wills, and medical powers of attorney.²⁸ While their main physical offices are in Colorado, their services extend to personnel under Space Base Delta 1’s purview, which includes the Hawaii installations. Personnel are encouraged to use the Air Force Legal Assistance website to prepare documents in advance.²⁷

Section 4: Prominent Civilian Military Defense Lawyers Serving Hawaii

When facing UCMJ charges, service members often seek counsel beyond the military’s appointed defense attorneys. Several civilian military defense lawyers and firms have established reputations for their expertise in UCMJ cases and their ability to represent clients across various states and military installations worldwide.

4.1 Gonzalez & Waddington, LLC

Gonzalez & Waddington, LLC, is a prominent firm specializing in military defense law, known for aggressively defending criminal cases across all branches of the U.S. military worldwide.³¹ The firm is led by high-profile criminal defense attorneys Michael Waddington and Alexandra González-Waddington.³¹

Michael Waddington

Michael Stewart Waddington is a founding partner of González & Waddington, LLC. He is a criminal defense lawyer and best-selling author who defends cases in military courts worldwide.³² He also represents military personnel under investigation who have not yet been formally charged.^{32 His practice focuses on serious criminal cases, including sex crimes (specifically Article 120 UCMJ sexual assault cases), war crimes, violent crimes, and white-collar crimes.31}

Mr. Waddington has been involved in some of the highest-profile criminal cases stemming from the “War on Sexual Assault” and the “War on Terror,” fighting complex court-martial cases for over two decades.³¹ He is recognized as one of the most experienced sexual assault defense attorneys in the country.³¹ Michael Waddington co-authored three leading textbooks on cross-examination:

Pattern Cross-Examination for Sexual Assault Cases, Pattern Cross-Examination of Expert Witnesses, and Pattern Cross-Examination for DNA and Biological Evidence.³¹ He also teaches trial advocacy throughout the United States and has lectured at national conferences, including the NACDL’s National Sex Crime Conference and Forensic Science Conference, on topics such as defending military clients charged with sexual assault and using forensic science to create reasonable doubt.³²

Alexandra González-Waddington

Alexandra González-Waddington is a founding partner of González & Waddington, LLC, and practices law in Florida, Georgia, and military courts worldwide.³² She has represented and defended hundreds of defendants charged with violent crimes, sexual assault, and white-collar crimes.³³

Since 2003, she has worked on numerous high-profile military sexual assault cases and some of the most notorious war crime cases stemming from the Iraq and Afghanistan wars.³³ Alexandra co-authored the same three leading textbooks on cross-examination as Michael Waddington, which are used by criminal defense lawyers globally.³² She has lectured at national legal conferences, including the National Association of Criminal Defense Lawyers (NACDL) and the National Trial Lawyers Summit, covering topics such as trial advocacy, cross-examination, expert witnesses, and jury selection.³²

She was one of the first lawyers to serve as a Public Defender for the Augusta Judicial Circuit, handling various cases including rape, sexual assault, larceny, violent crimes, and domestic violence.³² From 2015-2024, she contributed chapters to the American Bar Association (ABA) books, “The State of Criminal Justice”.³²

Alexandra is admitted to practice before both the Florida and Georgia Supreme Courts and all Military Trial Courts worldwide.³³ She is trilingual, fluent in Spanish and English, with intermediate proficiency in French.³³

Service Areas

Gonzalez & Waddington, LLC, defends military servicemembers worldwide.³¹ Their service areas include numerous states and specific military installations across the United States, such as Alabama (Dothan, Huntsville, Mobile, Montgomery, Ozark), Arizona (Phoenix, Sierra Vista, Yuma, Glendale, Tucson), Connecticut (Groton, New London, Washington, Norwich), Illinois (Belleville, Chicago, Granite City, Great Lakes), Kansas (Junction City, Leavenworth, Topeka, Wichita), Louisiana (Belle Chasse, Bossier City, Leesville, New Orleans), Maryland (Aberdeen, Annapolis, Bethesda, Camp Springs, Frederick, Lexington Park, Odenton, Baltimore), Maine (Bath, Brunswick), Missouri (Knob Noster, St. Louis, St. Robert), Mississippi (Bay St. Louis, Biloxi, Columbus, Gulfport, Hattiesburg, Meridian, Pascagoula), North Carolina (Elizabeth City, Fayetteville, Goldsboro, Havelock, Jacksonville, New Bern), New Jersey (Cape May, Colts Neck, Eatontown, Trenton, Wrightstown), New Mexico (Alamogordo, Albuquerque, Clovis, Las Cruces), New York (Ballston Spa, New York, Schenectady, Scotia, Watertown, West Point), Oklahoma (Altus, Enid, Lawton, Oklahoma City), Pennsylvania (Annville, Lebanon, Carlisle, Harrisburg, Horsham, Mechanicsburg, Philadelphia, Willow Grove), South Carolina (Beaufort, Charleston, Columbia, Sumter), Tennessee (Clarksville, Memphis, Millington, Nashville), and Washington (Bangor, Bremerton, Everett, Oak Harbor, Spokane).³⁴ They also defend cases in Florida (Military, Federal & State).³²

4.2 Other Prominent Civilian Military Defense Lawyers and Firms

Beyond Gonzalez & Waddington, other civilian firms and attorneys are recognized for their expertise in UCMJ defense:

Philip D. Cave

Philip D. Cave is a veteran-owned law firm with former military defense lawyers representing U.S. Armed Forces members in UCMJ and court-martial cases.³⁵ Mr. Cave and Nathan P. Freeburg have defended service members against a wide range of charges, including sexual assault, manslaughter, fraud, aiding the enemy, fraternization, drug offenses, AWOL violations, computer crimes, mutiny, desertion, drunk on duty, insubordination, and larceny.³⁵

The firm also handles court-martial appeals and adverse administrative actions such as non-judicial punishment (Article 15), performance reviews, adverse officer evaluation reports, denials or revocations of promotions, letters of reprimand, reductions of position, loss of pay, job status changes, and discharges.³⁵ They emphasize their ability to work with clients regardless of their station, whether in San Diego, Korea, or the Mid-East.³⁵

McCormack & McCormack

McCormack & McCormack is a firm dedicated to protecting the legal rights of service members, with a proven track record defending clients across all branches of the military.³⁶ Their legal team emphasizes that while service members are entitled to military defense counsel, these attorneys may sometimes lack significant criminal litigation experience.³⁶

The firm offers comprehensive military legal services nationwide and frequently travels to represent clients across the United States and internationally.³⁶ Key attorneys include Robert Canoy, who served as a JAG in the U.S. Coast Guard for over a decade with experience as both a prosecutor and defense counsel, and Jarrett L. McCormack, who interned with the U.S. Navy JAG Corps and defends military members facing charges in civilian courts.³⁶

Section 5: Advantages of Retaining a Civilian Military Defense Attorney

Retaining a civilian military defense attorney offers several compelling advantages for service members facing UCMJ actions, court-martials, or administrative proceedings. These benefits primarily revolve around their independence, specialized expertise, and dedicated client advocacy.

5.1 Independence from the Military Chain of Command

One of the most compelling reasons to hire a civilian defense attorney is their complete independence from the military chain of command.³⁷ While military defense counsel operate within the constraints of the JAG Corps, civilian lawyers are free to challenge military authorities without fear of reprisal or conflict of interest.³⁷

This independence ensures that their sole loyalty lies with their client, empowering them to address legal violations or procedural errors more assertively.³⁷ Unlike military defense attorneys who are subject to evaluation reports or upcoming promotions within the military system, civilian attorneys are not deterred by rank or supervisory chains of responsibility.³⁸

This allows them to prioritize the client’s best interests above all else, advocating fiercely for their rights and desired outcomes.³⁸ The freedom from military bureaucracy also means civilian attorneys are not subject to the same restraints on representation that military attorneys might face from their chain of command.³⁸

5.2 Specialized UCMJ Expertise and Extensive Experience

Civilian lawyers who specialize in military law bring a unique understanding of both military and civilian courts, setting them apart from JAG attorneys who operate solely within the military justice framework.³⁷ Unlike many appointed military attorneys, civilian defense attorneys often possess decades of trial experience in both military cases and civilian legal systems.³⁷

This wealth of knowledge enables them to craft defense strategies that consider every possible legal angle, protecting not only a client’s immediate interests but also their long-term goals, such as retaining their military career or avoiding designation as a sex offender.³⁷

Their specialization allows them to provide unparalleled insights into niche areas like security clearance hearings or disciplinary actions specific to any branch of the U.S. military.³⁷ The best military defense lawyers typically have 20 or more years of experience in military law and criminal defense, focusing solely on defense rather than prosecution.⁴⁰

5.3 Dedicated Client Advocacy and Resources

Civilian attorneys generally have the capacity to dedicate significant time and resources to each client, unlike active duty JAG attorneys who may juggle numerous cases simultaneously.³⁷ This allows for more personalized attention and a thorough development of defense strategies.³⁷

Civilian attorneys are often more aggressive in their approach to defending their clients than free military defense attorneys, contesting prosecution evidence and challenging the conduct of military investigators without hesitation.³⁷ They can also provide comprehensive legal support, assisting with related legal matters involving family law or civilian criminal defense for charges outside the military system.³⁷

Furthermore, civilian lawyers typically have extensive networks of expert witnesses and investigators, allowing them to strengthen their cases in ways that appointed attorneys may not have the means to achieve.³⁷ When errors occur during an investigation or trial, such as mishandling evidence or violating a client’s rights, a civilian defense attorney is often better positioned to identify and challenge these mistakes.

Their independence from military authorities allows them to hold the system accountable and ensure that their client receives a fair trial.³⁷ Beyond legal strategy, civilian attorneys often provide crucial emotional and moral support to service members and their families during the stressful experience of facing a court-martial or other military trial.³⁷

Section 6: Guide to Hiring a Civilian Military Defense Lawyer

Choosing the right civilian military defense lawyer is a critical decision that can profoundly impact a service member’s career, reputation, and freedom.⁴⁰ Due diligence is paramount in this selection process.

6.1 Experience with UCMJ and Military Law

An experienced lawyer is a crucial factor in winning a significant case.⁴¹ While military-appointed JAG lawyers are available, they may lack the extensive criminal litigation experience of seasoned civilian attorneys.³⁶ The best military defense lawyers often have 20 or more years of experience in military law and criminal defense, focusing as full-time criminal defense lawyers rather than prosecutors.⁴⁰

This deep understanding of the UCMJ and military regulations is essential for navigating complex legal issues effectively.⁴⁰ It is important to find an attorney who has years of courtroom experience, as confidence and competence are attributes gained through practice.³⁸

6.2 Track Record and Reputation

A lawyer’s track record of success in military cases is a strong indicator of their effectiveness.³⁶ Service members should look for attorneys who have successfully defended similar cases, particularly those involving serious charges like sexual assault, war crimes, or complex court-martials.³¹

Testimonials and client reviews can offer insights into an attorney’s dedication and results.³¹ Beyond specific case outcomes, an attorney’s national recognition, involvement in legal education (e.g., teaching trial advocacy, lecturing at conferences), and publications (e.g., legal textbooks, articles) demonstrate their standing and expertise within the legal community.³²

6.3 Dedicated Attention and Caseload Management

A good military attorney should be transparent about the time they can dedicate to a case.⁴¹ Unlike military defense attorneys who may be overworked and assigned numerous cases, civilian military lawyers typically manage their caseloads to ensure they can provide focused and individualized attention to each client.³⁷

This allows for thorough preparation, research, and attention to detail, which are crucial for building a strong defense.⁴⁰ Service members should inquire about the attorney’s typical caseload and their commitment to providing the necessary effort and attention their case deserves.³⁸

6.4 Willingness to Travel to Military Installations Nationwide

Given that military legal issues can arise anywhere in the world, a civilian military defense lawyer’s willingness and ability to travel to military installations nationwide, and even worldwide, is a critical consideration.³⁵

This ensures consistent representation regardless of where the service member is stationed or where the legal proceedings take place. Confirming an attorney’s logistical capabilities and experience representing clients across diverse geographic locations is essential for seamless legal support.

6.5 Communication, Ethics, and Compassion

Effective legal advocacy requires strong communication and persuasion skills.⁴⁰ A lawyer should explain the legal process and their actions every step of the way, empowering clients to make informed decisions.⁴¹ High ethical standards, ensuring honesty, integrity, and fairness, are fundamental for building trust and credibility.⁴⁰

Furthermore, empathy and compassion are important qualities, as facing military legal issues can be incredibly stressful. A compassionate lawyer understands the personal impact of legal issues and can provide much-needed emotional support.³⁷

Section 7: Common Questions and Answers on Military Legal Issues

This section addresses frequently asked questions related to military legal issues, the UCMJ, court-martials, and the process of hiring civilian defense counsel.

7.1 What is the Uniform Code of Military Justice (UCMJ)?

The UCMJ is a comprehensive set of federal criminal laws enacted by Congress that forms the foundation of the U.S. military justice system.³ It applies to all members of the armed forces and covers both civilian-equivalent crimes (e.g., murder, theft) and military-specific offenses (e.g., desertion, disrespect) that impact good order and discipline.³

7.2 Who is subject to military law?

The UCMJ primarily applies to active-duty members of the military. In some special cases, it can also apply to civilians who are operating with the military, such as those accompanying armed forces in a combat zone.⁴² The UCMJ has no geographical or temporal limit for active-duty members; it applies everywhere, all the time, even when other state or federal laws may also apply.⁴²

7.3 What are my rights if I am suspected of a crime in the military?

If you are suspected of a crime, investigators and command members must advise you of your rights under Article 31(b) of the UCMJ before questioning begins.³ These rights include the right against self-incrimination, the right to remain silent, and the right to free military counsel.³ It is strongly recommended to seek competent legal advice before making any statement to anyone in the military about your situation, as anything you say can be used against you.⁴²

7.4 What are the different types of courts-martial?

There are three main types of courts-martial:

• Summary Court-Martial (SCM): For minor offenses, presided over by one officer. Not considered a criminal conviction. The accused has the right to refuse this type of trial.¹⁰
• Special Court-Martial (SPCM): For intermediate-level offenses, similar to a civilian misdemeanor court. Involves a military judge and at least three or four jury members. Can result in a Bad Conduct Discharge and up to one year of confinement.¹⁰
• General Court-Martial (GCM): For the most serious offenses, comparable to a civilian felony court. Involves a military judge and at least five jury members. Can result in severe punishments, including dishonorable discharge, life imprisonment, or the death penalty.⁵

7.5 What is a “Bad Conduct Discharge” or “Dishonorable Discharge”?

These are punitive discharges that are severe, career-ending consequences of a court-martial conviction for enlisted personnel.¹ A Bad Conduct Discharge (BCD) is typically imposed for lesser offenses than a Dishonorable Discharge (DD), but both can lead to the loss of military benefits and significantly impact future civilian employment.¹ For officers, the equivalent punitive discharge is a “dismissal”.¹⁰

7.6 What is “Unlawful Command Influence” (UCI)?

Unlawful command influence occurs when a person with command authority uses or appears to use that authority to influence the outcome of military judicial proceedings, such as a court-martial.⁴⁴ This can manifest as manipulating evidence, intimidating witnesses, or pressuring judges and juries.⁴⁵ Article 37 of the UCMJ prohibits such influence.⁴⁴ UCI undermines the fairness and impartiality of military trials.⁴⁵

7.7 Why should I consider hiring a civilian military defense attorney?

Hiring a civilian military defense attorney offers several benefits:

• Independence: They operate outside the military chain of command, ensuring their sole loyalty is to the client without fear of reprisal or career impact.³⁷
• Specialized Expertise: Many civilian attorneys specialize exclusively in UCMJ cases, bringing extensive experience in both military and civilian legal systems.³⁷
• Dedicated Advocacy: They can often dedicate more time and resources to a case than overworked military-appointed counsel, providing personalized and aggressive defense.³⁷
• Early Intervention: Unlike military defense counsel, civilian attorneys can be retained and begin working on a case before formal charges are preferred.¹²

7.8 Can I have both a military-appointed attorney and a civilian attorney?

Yes, service members can accept a free military-appointed defense attorney and also hire a civilian attorney at their own expense.³⁸ This allows for a team approach, potentially offering additional resources and perspectives for the defense.³⁸

7.9 What should I look for when hiring a civilian military defense lawyer?

When selecting a civilian military defense lawyer, consider the following:

• Experience: Look for extensive experience (e.g., 20+ years) specifically in military law and UCMJ cases.⁴⁰
• Track Record: Inquire about their success rate and experience with cases similar to yours.³⁶
• Dedication: Ensure they can provide focused, individualized attention to your case and are not overworked.³⁸
• Willingness to Travel: Confirm their ability to represent clients at military installations nationwide or worldwide.³⁵
• Communication & Ethics: Choose an attorney who communicates clearly, explains the process, adheres to high ethical standards, and demonstrates compassion.⁴⁰

Conclusion

The military justice system, governed by the Uniform Code of Military Justice and the Manual for Courts-Martial, is a highly specialized and comprehensive legal framework essential for maintaining discipline and ensuring national security. While it provides service members with robust due process rights, including the right against self-incrimination and access to military counsel, the unique nature of military offenses and the potential for severe, career-ending punishments necessitate a clear understanding of the system’s intricacies.

The graduated structure of courts-martial, from Summary to General, allows for proportional responses to misconduct but also creates critical junctures where early, informed legal decisions are vital. The profound impact of a court-martial conviction, extending beyond confinement to the loss of an entire military career and associated benefits, underscores the high stakes involved. While the multi-tiered appellate process offers avenues for review, the inherent influence of the chain of command, particularly at the initial review stages, highlights the importance of vigilant advocacy.

For service members navigating this complex landscape, retaining a civilian military defense attorney offers distinct advantages. Their independence from the military chain of command ensures unbiased advocacy, while their specialized UCMJ expertise and dedicated approach provide comprehensive legal support. The ability of civilian counsel to intervene early, before formal charges are preferred, and to commit significant resources to a case, can be pivotal in securing favorable outcomes.

Therefore, when faced with military legal issues, service members are well-advised to conduct thorough due diligence in selecting a civilian attorney with proven experience, a strong track record, and a commitment to dedicated client advocacy, capable of representing them wherever their service may take them.