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

I. Introduction: Understanding the Landscape of Military Justice in Louisiana

This comprehensive guide aims to demystify the complex world of military law in Louisiana, providing service members, their families, and legal professionals with a definitive resource on the Uniform Code of Military Justice (UCMJ), court-martial processes, and the strategic advantages of civilian defense counsel.

The objective is to empower individuals in Louisiana with the knowledge necessary to navigate military legal challenges effectively.

In Louisiana, military law operates under a distinct legal framework separate from civilian jurisprudence. This system is meticulously designed to maintain good order, discipline, and national security within the armed forces.

Understanding these unique principles is paramount for anyone subject to military jurisdiction. The intricacies of military legal proceedings, from initial investigations to potential appeals, demand a clear and authoritative resource to ensure service members can protect their rights and careers.

II. The Uniform Code of Military Justice (UCMJ): Foundation of Military Law

A. What is the UCMJ?

The Uniform Code of Military Justice (UCMJ) stands as a comprehensive body of criminal laws specifically applicable to all members of the United States Armed Forces. It encompasses a wide array of offenses, including those commonly found in civilian law such as murder, rape, drug use, larceny, and drunk driving.

Beyond these, the UCMJ also criminalizes conduct unique to the military environment, which directly impacts good order and discipline. Examples of such military-specific crimes include 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.¹

The overarching purpose of military law, as articulated in the Preamble to the Manual for Courts-Martial (MCM), is to “promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States”.¹

This foundational statement underscores the unique emphasis on military readiness and institutional integrity that distinguishes military law from its civilian counterparts. A critical aspect of the UCMJ’s application is its pervasive reach: for active-duty military members, it applies “everywhere, all the time,” even when other state or federal laws may also be applicable.³

The UCMJ is brought into effect through Executive Orders issued by the President of the United States, which collectively form the Manual for Courts-Martial (MCM).¹ The MCM is a comprehensive volume that includes the Preamble, the Rules for Courts-Martial, the Military Rules of Evidence, the Punitive Articles, and the Nonjudicial Punishment Procedures.²

To ensure the UCMJ and MCM remain current and aligned with the basic principles of American jurisprudence, two standing committees—The Code Committee and the Joint Service Committee on Military Justice—continuously work on updates and revisions.¹

The concurrent application of military and civilian legal systems means that service members operate under a system of dual legal sovereignty. An individual’s actions can trigger investigations or charges in both military and civilian courts. For instance, a civilian court’s resolution of a matter does not necessarily preclude the military from pursuing administrative actions, such as administrative separation, based on the same conduct.

This intricate interplay can significantly impact a service member’s career and benefits, underscoring the importance of specialized legal counsel with a deep understanding of both frameworks to navigate potential conflicts and minimize adverse outcomes.

B. Structure of the UCMJ: Articles and Chapters

The UCMJ is systematically organized into 146 articles, which are further grouped into 12 distinct chapters.⁴ These articles are broadly categorized to address different aspects of military law:

• General Provisions (Articles 1-14): These foundational articles define key terms, establish the jurisdiction of military law, and outline its applicability to various individuals.
• Apprehension and Restraint (Articles 7-14): These articles detail the procedures and legal requirements for apprehending and detaining service members suspected of offenses.
• Non-Judicial Punishment (Article 15): This article provides commanding officers with the authority to impose disciplinary measures for minor offenses without resorting to a formal court-martial, offering a more streamlined disciplinary process.
• Court-Martial Jurisdiction (Articles 16-21): These articles delineate the authority, composition, and types of various courts-martial.
• Punitive Articles (Articles 77-134): These are the core criminal statutes of the UCMJ, specifying a detailed list of criminal offenses under military law.⁴

Among these, Article 134, often referred to as the “catch-all” provision, stands out. It criminalizes “any behavior that prejudices good order and discipline or brings discredit upon the armed forces”.⁴ This broad language, while essential for maintaining the unique standards of military conduct, grants significant discretionary power to commanders and military prosecutors.

Unlike civilian criminal codes, which are typically more narrowly defined, Article 134 allows for disciplinary action against a wide array of behaviors that might not be explicitly criminalized elsewhere, or that might be considered minor in a civilian context. For example, extramarital sexual conduct or fraternization, explicitly listed under Article 134, are behaviors that might not lead to criminal charges in civilian life but can result in severe military discipline.⁴

This broad discretion can lead to less predictable legal outcomes for service members, underscoring the critical need for legal counsel who can interpret and challenge the application of such a wide-ranging article within the specific context of military culture and command expectations.

C. Key Punitive Articles and Their Implications

Understanding the specific punitive articles is crucial for service members to grasp the seriousness of allegations and potential consequences.⁴ Some of the most commonly charged offenses include:

• Article 86: Absence Without Leave (AWOL): This article addresses unauthorized absence from a unit or duty station, including failure to report at the prescribed time or place without proper authority.⁴
• Article 92: Failure to Obey Order or Regulation: One of the most frequently charged offenses, this involves the willful disobedience of lawful orders or neglect in the performance of official duties. Violations can range from ignoring direct orders to failing to follow general regulations.⁴
• Article 107: False Official Statements: Service members are charged under this article for knowingly making false statements with the intent to deceive, particularly if those statements pertain to official matters or investigations.⁴ This is particularly dangerous if a service member makes a statement that contradicts a previous one, as that discrepancy can be used to prosecute them.³
• Article 112a: Wrongful Use, Possession, etc., of Controlled Substances: This article criminalizes the wrongful use, possession, distribution, or introduction of controlled substances. Charges under Article 112a often result in severe penalties due to the military’s strict anti-drug stance.⁴
• Article 120: Rape and Sexual Assault: This article encompasses a broad range of sexual offenses, including rape, sexual assault, and other forms of unwanted sexual contact. It is among the most serious charges under the UCMJ, carrying significant penalties such as confinement, dishonorable discharge, and mandatory sex offender registration.⁴
• Article 121: Larceny and Wrongful Appropriation: This article addresses theft and the unauthorized taking or use of property belonging to another person or the government. The severity of the charge typically depends on the value of the property involved.⁴
• Article 128b: Domestic Violence: This article specifically addresses acts of domestic violence committed against a current or former spouse, intimate partner, or family member, reflecting the military’s commitment to addressing abuse within personal relationships.⁴
• Article 133: Conduct Unbecoming an Officer and a Gentleman: This article applies exclusively to commissioned officers and criminalizes conduct that disgraces the officer personally or brings dishonor to the military. The standard is subjective and context-dependent.⁴
• Article 134: General Article: As the “catch-all” article, it criminalizes any behavior that prejudices good order and discipline or brings discredit upon the armed forces. Explicitly listed offenses under this article include:
  • Child Pornography: Possession, distribution, or creation is heavily penalized.⁴
  • Extramarital Sexual Conduct: Applies when a married service member engages in sexual conduct outside of marriage, violating military standards.⁴
  • Fraternization: Improper personal or professional relationships between service members of different ranks, which undermines hierarchy and professionalism.⁴

The interaction between Article 31 (right against self-incrimination) and Article 107 (false official statements) creates a significant “truthfulness trap” for service members. If a service member, under stress or out of fear, makes a statement or denial that is later contradicted by evidence—even unintentionally or due to a misunderstanding—they can be charged with a separate offense under Article 107.³

This means that any statement, even an attempt to clear one’s name, can be used against them. This dynamic underscores the critical importance of immediately invoking the right to counsel and remaining silent before speaking to anyone in an official capacity, as advised by defense counsel.⁵ Early legal intervention is paramount to avoid inadvertently creating additional charges.

D. Service Member Rights Under the UCMJ

Article 31 Rights: Right Against Self-Incrimination

Service members possess fundamental rights against self-incrimination, which in many ways are considered superior to those afforded in civilian criminal courts.¹ Pursuant to Article 31, UCMJ, no one subject to the UCMJ may compel a person to incriminate themselves or answer questions that might be self-incriminating.¹

Before questioning a service member suspected of an offense, the interrogator—who can be any person acting in a law enforcement or disciplinary capacity, including commanders, supervisors, or military police—must inform them of the nature of the accusation, their right to remain silent, and that any statement made may be used against them.¹

Statements obtained in violation of Article 31(b) are inadmissible as evidence in a court-martial.⁶ The critical advice for service members is to immediately state, “I want a lawyer,” which must stop all questioning, and to remain silent to everyone, including family and friends, as anyone can be called as a witness.⁵

Right to Counsel: Military and Civilian Options

The military justice system provides an accused with the right to an independent military defense counsel free of charge, regardless of their ability to pay.¹ Service members also have the right to retain civilian counsel at their own expense or request a particular military counsel if reasonably available.¹ These rights to counsel are afforded at crucial stages, including magistrate hearings (for pretrial confinement determinations), Article 32 investigations, and all court-martial sessions.¹

While the UCMJ guarantees the right to a free military defense counsel, a military attorney may not be “detailed” to a case until charges are preferred or referred to a special court-martial.⁷ Conversely, civilian attorneys can provide “attention and help from the get-go”.⁸ This creates a critical distinction between a reactive legal defense—waiting for an appointed Judge Advocate General (JAG) after formal charges—and a proactive defense—engaging civilian counsel during the initial investigative phase.

The period between suspicion and formal charges is often where critical evidence is gathered, and statements are made. Without early legal intervention, a service member might inadvertently compromise their case before a military defense counsel is officially assigned. Thus, while military counsel is a vital resource, proactive engagement with independent civilian counsel offers an earlier, more dedicated, and potentially more strategic defense, which can be crucial in shaping the trajectory of the case and potentially preventing formal charges or mitigating their severity.

III. The Court-Martial Process: Types, Procedures, and Outcomes

A. Overview of Courts-Martial

Courts-martial are the military’s criminal trial courts, convened by commanders with the authority to do so, on an “as needed” basis.⁹ They are central to maintaining discipline and upholding the rule of law within the armed forces.¹⁰ All classifications of courts-martial adhere to the Military Rules of Evidence, and the prosecution must prove guilt “beyond a reasonable doubt”.⁹

B. Types of Courts-Martial

There are three distinct forms of court-martial: summary, special, and general, each with its own set of rules and conditions for appealing rulings.¹⁰

1. Summary Court-Martial (SCM)

The Summary Court-Martial is the lowest and least formal level of court-martial, designed for the prompt resolution of minor offenses committed by enlisted members.¹¹ Officers cannot be tried by SCM.¹¹ A key procedural aspect is that the enlisted accused

must consent to be tried by SCM.¹¹ If consent is withheld, the command may choose to dispose of the allegation through other means, including referring the case to a Special or General Court-Martial, opting for nonjudicial punishment, or dismissing it entirely.¹¹

The SCM is composed of a single commissioned officer (typically a Captain or higher) who acts as both judge and sole finder of fact; this officer is not a military attorney.¹¹ The accused has the right to plead guilty or not guilty and, if found guilty, to present matters in extenuation and mitigation.¹²

The SCM carries the “least severe sentencing potential” among the court-martial types.¹⁰ Maximum punishments vary with paygrade: for E-4 and below, up to 30 days confinement, reduction to E-1, or 60 days restriction. For E-5 and higher, reduction by one pay grade and no confinement.¹¹ Importantly, a summary court-martial is generally

not considered a federal criminal conviction and does not carry the same loss of benefits as a conviction by a General or Special Court-Martial.¹²

If found guilty, individuals have the right to appeal within five days of sentencing.¹⁰ The appeal is directed to the next higher level of command.¹⁰ The commanding officer at this level has the discretion to maintain, reduce, or eliminate the punishment, but is explicitly

barred from increasing its severity.¹⁰ While the initial appeal window is limited, the senior commander’s decision is not always final; unsatisfactory rulings may be subject to further appeal to a judge advocate or the Judge Advocate General, and potentially the Board for Correction of Military Records.¹⁰

The right of an accused enlisted member to object to a Summary Court-Martial presents a significant strategic dilemma. If they object, the command has the discretion to send the case to a higher court-martial (Special or General), refer it to nonjudicial punishment, or dismiss it.¹²

Consenting to an SCM means accepting a streamlined process with fewer procedural rights (e.g., no right to military defense counsel, though some services provide it as policy ¹¹) but with limited, less severe punishments and typically no federal criminal conviction.

Objecting, however, opens the door to a Special or General Court-Martial, which offers more robust procedural rights (including guaranteed military defense counsel ¹¹) but also carries the risk of far more severe penalties, including a federal criminal conviction and punitive discharge.

The implication is that the decision to consent or object is a critical early strategic choice that requires careful consideration of the specific allegations, potential evidence, and the accused’s career goals, highlighting the need for legal advice even before formal charges are fully processed.

2. Special Court-Martial (SPCM)

The Special Court-Martial serves as an intermediate level of court-martial.¹¹ It consists of a military judge, a trial counsel (prosecutor), a defense counsel, and a panel of not less than three officers.¹¹ An enlisted accused may request a court composed of at least one-third enlisted personnel, or the accused may request to be tried by a judge alone.¹¹ The accused is entitled to free legal representation by military defense counsel and can also retain civilian counsel at their own expense.¹¹

A Special Court-Martial conviction is considered a federal criminal conviction and results in a criminal record.¹⁰ The maximum punishment that can be adjudged includes confinement for up to 12 months, forfeiture of two-thirds basic pay per month for 12 months, reduction in rank, and/or a bad-conduct discharge.¹¹

Before reaching the military court of appeals, all Special Court-Martial rulings are subject to an initial review by the convening authority—the individual who initiated the court-martial process.¹⁰ The convening authority has the discretion to modify, eliminate, or uphold the imposed punishment, but

lacks the power to increase the punishment.¹⁰ The convening authority may consult with a judge advocate when making decisions on appeals.¹⁰ Convictions from Special Courts-Martial can be appealed through the military court of appeals.¹⁰

The pre-appellate review by the convening authority, applicable to both Special and General Courts-Martial, serves as a significant protective mechanism within the military justice system.¹⁰ This process provides an opportunity for the commander who initiated the court-martial to reconsider the findings or sentence, potentially reducing or setting aside the punishment, without the service member having to exhaust formal appellate channels.

The inability of the convening authority to increase the sentence ensures that this review functions as a potential safeguard or a mechanism for clemency, rather than a risk for the accused. This unique layer of review underscores the military’s emphasis on command responsibility and the potential for internal corrective action, offering a distinct advantage compared to civilian criminal justice systems where such a review by the charging authority is typically not a protective step.

3. General Court-Martial (GCM)

The General Court-Martial is the highest and most rigorous type of court-martial, reserved for the most serious crimes, often equivalent to felonies in civilian jurisdictions (e.g., sexual assault, rape, attempted murder, child pornography, and homicide).¹¹

It involves a military judge, a trial counsel, a defense counsel, and a panel of eight officers.¹¹ An enlisted accused may request a court composed of at least one-third enlisted personnel, or the accused may request trial by judge alone.¹¹ A prerequisite for a General Court-Martial (unless waived by the accused) is a pretrial investigation under Article 32 of the UCMJ, which is comparable to a civilian grand jury process.¹

This investigative hearing is “ordinarily open to the public and the media”.¹ The accused is entitled to free legal representation by military defense counsel and can also retain civilian counsel at their own expense.¹¹

The maximum punishment at a General Court-Martial is that set for each offense under the Manual for Courts-Martial, and can include death for certain offenses, extensive confinement, a dishonorable or bad conduct discharge for enlisted personnel, or a dismissal for officers.¹¹ It is the

only forum that may adjudge a sentence to death.¹¹

The public nature of the Article 32 preliminary hearing, a prerequisite for General Courts-Martial, can have immediate and severe reputational consequences for the accused, regardless of the ultimate outcome of the case.¹ Unlike a civilian grand jury process, which is typically confidential, the military’s Article 32 hearing can expose allegations to public scrutiny, potentially damaging a service member’s career, personal relationships, and future civilian employment prospects even if charges are later dismissed or they are acquitted.

This highlights the critical importance of early and aggressive defense, often best provided by independent civilian counsel, who can strategically manage the investigative phase and potentially influence the public narrative or even prevent the case from proceeding to a public forum.

C. The Military Appeals System

The military justice system includes four distinct criminal appeal courts, each aligned with a branch of the armed forces:

• The Army Court of Criminal Appeals
• The Air Force Court of Criminal Appeals
• The Navy-Marine Corps Court of Criminal Appeals
• The Coast Guard Court of Criminal Appeals ¹⁰

These courts primarily scrutinize the legal proceedings that led to a conviction. They evaluate whether the service member was proven guilty in a proper manner and beyond a reasonable doubt, and they address any potential legal errors that may have occurred during the trial process.¹⁰ They possess the authority to uphold, reduce, or eliminate the penalties imposed by lower courts, but notably

lack the jurisdiction to escalate the severity of the punishment.¹⁰ The appellate process focuses on reviewing legal procedures rather than reevaluating factual evidence.¹⁰

Cases involving a sentence of more than one year of confinement or a punitive discharge (including death penalty cases) automatically undergo review by the corresponding branch’s military court of criminal appeals.¹⁰ This automatic review ensures the convicted service member had the opportunity to assert their innocence during the trial and examines cases for voluntary guilty pleas.¹⁰

While automatic review is limited, the courts of appeal have discretionary powers to review other cases, though special requests to the Judge Advocate General are typically denied.¹⁰

When all other avenues for appeal are exhausted, a service member may pursue a writ of habeas corpus, a legal remedy presented to a lower-level criminal appeals military court or the branch-specific Court of Appeals. Such appeals are rarely granted, emphasizing the gravity of this final step.¹⁰

Beyond the formal appeals process, convicted service members have the option to seek clemency or a pardon. This can be pursued either directly from the convening authority or through a clemency and parole board.¹⁰ A successful clemency request may lead to the setting aside of a conviction or a reduction in penalties. Timing is crucial, as this option must be pursued after sentencing but before the case reaches its conclusion, providing a mechanism for mercy and understanding.¹⁰

The primary role of military appellate courts is to scrutinize legal proceedings and address potential legal errors; however, they do not reevaluate factual evidence.¹⁰ This distinction is critical: the appellate process is not a second chance to argue factual innocence. Instead, it is a review of whether the trial itself was conducted fairly and legally. This means that the

trial phase is the most crucial stage for presenting factual defenses, challenging evidence, and establishing innocence. If the trial defense is weak or inadequate, the opportunities for relief on appeal are significantly narrowed, as the appellate courts will not re-weigh the facts presented at trial.

This underscores why securing highly experienced and aggressive trial counsel, often a civilian military defense attorney, is paramount to ensure the strongest possible factual and legal defense at the initial proceeding.

D. Potential Consequences of a Court-Martial Conviction

A court-martial conviction can have significant and far-reaching consequences that extend beyond military service, impacting a service member’s entire life. These consequences vary based on the type of court-martial and the severity of the offense:

• Criminal Record: A court-martial conviction results in a federal criminal record, which can severely affect future civilian employment opportunities, security clearances, and civil rights (e.g., the right to vote or possess firearms).¹³
• Punitive Discharge: This includes a Bad Conduct Discharge (BCD), Dishonorable Discharge (DD), or Dismissal (for officers). These carry severe stigma and loss of veterans’ benefits.¹¹
• Confinement: Imprisonment, which can range from days to decades or even life, depending on the offense.¹¹
• Forfeiture of Pay and Allowances: The convicted individual may lose all or part of their military pay and allowances, significantly impacting their financial stability.¹³ Automatic forfeitures occur if the sentence includes more than six months confinement or a punitive discharge.¹⁵
• Fines: Monetary fines may be imposed as part of the sentence, often due immediately.¹³
• Reduction in Rank/Grade: A demotion in military rank.¹¹
• Reprimands: Formal written criticisms that can have long-term career implications.¹⁵
• Loss of Military Pension and Benefits: A dishonorable discharge or dismissal can lead to the complete forfeiture of military retirement pay and other earned benefits.¹⁴
• Sex Offender Registration: For certain sexual offenses, a conviction can result in mandatory sex offender registration, which has lifelong implications for housing, employment, and personal freedom.⁴
• Barriers to Employment, Education, and Housing: The federal criminal record and punitive discharge can create significant obstacles in obtaining civilian employment, pursuing higher education, and securing housing.¹³

A court-martial conviction’s profound and lasting impact on a service member’s civilian life is often underestimated. A military conviction is not confined to the military sphere; it carries direct, severe, and often irreversible civilian consequences. This “spillover” effect means that even after a service member transitions out of uniform, their ability to secure employment, housing, and even exercise basic civil rights can be severely curtailed.

The implication is that a robust defense during the military justice process is not just about protecting one’s military career, but fundamentally about safeguarding their entire future and quality of life as a civilian. This long-term impact underscores the immense stakes involved and reinforces the value of comprehensive legal representation.

IV. Louisiana Military Installations: Legal Assistance Resources

A. Active Military Installations in Louisiana

Louisiana is strategically important to national defense, hosting five major military installations across various branches ¹⁷:

• Barksdale Air Force Base (Bossier City): Located in northwestern Louisiana, established in 1931. It is home to the 2nd Bomb Wing, which operates B-52 Stratofortress bombers, crucial for U.S. strategic deterrence and long-range strike capabilities.¹⁷
• Camp Beauregard (Pineville): Established in 1917, this installation primarily serves as a training facility for the Louisiana National Guard, supporting units from all military branches and various non-DoD entities.¹⁸
• Fort Johnson (formerly Fort Polk) (Leesville): Near Leesville, Louisiana, this installation was renamed in 2023 in honor of Sergeant William Henry Johnson. It is a key training site, notably home to the Joint Readiness Training Center (JRTC), where Army units conduct realistic combat deployment training.¹⁷
• Naval Air Station Joint Reserve Base New Orleans (NAS JRB New Orleans) (Belle Chasse): Established in 1941, this is a significant joint operations hub. It houses units from multiple military branches, including a Navy Reserve aggressor squadron, the 159th Fighter Wing of the Louisiana Air National Guard, and a Marine Corps Reserve light helicopter attack squadron.¹⁷
• USCG Base New Orleans (8th Coast Guard District) (New Orleans): Originally established in 1934, this facility supports critical Coast Guard missions such as search and rescue (SAR), maritime law enforcement, and navigational safety operations in the Gulf of Mexico and surrounding waterways.¹⁷

The joint nature of installations like NAS JRB New Orleans, explicitly housing units from multiple military branches, and Camp Beauregard, which supports training for “units of all military branches,” indicates that service members from different branches may be stationed at or frequently train on these multi-service installations.¹⁸

For legal assistance, this implies that while the primary Staff Judge Advocate (SJA) or Legal Assistance Office on a base might be aligned with the host service (e.g., Navy Legal Service Office at NAS JRB New Orleans), they may frequently encounter or need to provide guidance to personnel from other branches.

This necessitates that the legal staff possess a broader understanding of UCMJ application across services or have established referral networks to ensure all service members receive appropriate legal support, regardless of their branch. This joint environment adds a layer of complexity to legal assistance provision.

B. Official Links to Staff Judge Advocate (SJA) / Legal Assistance Offices (JAG Offices)

Barksdale Air Force Base

• Office: 2nd Bomb Wing Legal Office
• Address: Building 3433, 334 Davis Ave., Suite 100, Barksdale AFB, LA 71110 ¹⁹
• Phone: Commercial: (318) 456-2562; DSN: 312-781-2562 ¹⁹
• Website: https://aflegalassistance.law.af.mil ¹⁹
• Email (General Inquiries): 2bw.ja.civillaw@us.af.mil ¹⁹
• Hours of Operation (effective January 21, 2025):
  • POA & walk-in notary: Monday – Friday: 0900-1500.
  • Closed for lunch: Every day from 1200-1300.
  • Closed for training: Wednesdays from 1300-1500.
  • Legal assistance services (by appointment only): Monday – Friday from 0900 to 1500.¹⁹
• Key Services: The legal office assists eligible individuals (active-duty members, retired military members, and their families) with personal civil legal matters, including wills, living wills, domestic relations, Servicemembers Civil Relief Act (SCRA) issues, landlord-tenant issues, personal finances and debt, tax assistance, and veterans’ reemployment rights.¹⁹ Household goods claims are filed online via the Air Force Claims Service Center, but the base claims office can assist with difficulties.¹⁹

Camp Beauregard (Louisiana National Guard)

• Office: Louisiana National Guard Judge Advocate General (JAG) Corps
• Address: Jackson Barracks, 6400 St. Claude Ave, New Orleans LA 70117 ²¹
• Phone: (504) 278-8232 ²¹ (Louisiana National Guard switchboard: (318) 290-5600 ²²)
• Website: https://geauxguard.la.gov/jag/ ²¹
• Hours of Operation: Tuesday-Friday 8:00 AM to 5:00 PM (for records requests, not explicitly for legal assistance).²² Specific legal assistance hours are not provided in the available information.²¹
• Key Services: Provides expert legal support to service members, commanders, and families, focusing on readiness, compliance, and justice through professional legal counsel and advocacy. Offers legal assistance resources and helpful links on their website.²¹

Fort Polk

• Office: Legal Assistance and Claims (Staff Judge Advocate Office)
• Address: 7090 Alabama Ave. Bldg. 1454, Fort Polk, LA 71459 ²³
• Phone: (726) 780-1138 ²³ or (337) 531-2580 / (337) 531-2112 ²⁴
• Website: https://home.army.mil/polk/ ²⁷
• Hours of Operation: Monday – Friday, 8:00 a.m. to 4:30 p.m. Closed Federal Holidays. Monday – Thursday closed for Lunch from 12:00 to 1:00 p.m. Fridays 8:00 a.m. to 12:00 p.m..²³
• Key Services: Legal assistance available to all ID card holders, covering powers-of-attorney, wills, divorce and custody issues, family support, immigration, landlord-tenant issues, military matters, and SCRA issues. Notary services are also provided. Attorney consultations are by appointment only.²³

Naval Air Station Joint Reserve Base New Orleans

• Office: Navy Legal Service Office
• Address: 400 Russell Avenue, Building 555, NAS JRB New Orleans, New Orleans, LA 70143 (also listed as Building #492) ²⁹
• Phone: Commercial: (504) 678-4692; FAX: (504) 678-4693; DSN: 312-678-4692; DSNFAX: 312-678-4693 ²⁹
• Website: https://www.jag.navy.mil/ ²⁹
• Hours of Operation: Monday – Friday 7:30 a.m. – 4:00 p.m. Closed for lunch 12:00 p.m.-1:00 p.m. Closed Saturdays and Sundays.³⁰ Walk-in Notary & Power of Attorney Services: Wednesdays 0830-1030 and Thursdays 1300-1500.³²
• Key Services: Provides legal assistance to eligible clients, including wills, powers of attorney, domestic relations, SCRA issues, landlord-tenant issues, personal finances, debt, tax assistance, and veterans’ reemployment rights.³⁰

USCG Base New Orleans (8th Coast Guard District)

• Office: USCG 8th District Legal Assistance Office
• Address: Hale Boggs Federal Building, 500 Poydras Street, New Orleans, LA 70130 ³³
• Phone: (504) 671-2331 ³³ or (504) 671-2026 ³⁴
• Website: https://www.uscg.mil/d8/legal/ ³³
• Hours of Operation: Not explicitly stated in the available information, but Sector New Orleans general operations are 24 hours a day.³⁵
• Key Services: Coast Guard legal assistance attorneys offer free advice and counsel on personal legal matters to service members, dependents, and retirees. These issues may involve family law, estate planning, consumer law, landlord-tenant relations, immigration, and other topics.³⁶

V. Prominent Civilian Military Defense Lawyers and Firms

A. Overview of Civilian Military Defense Counsel

Civilian military defense lawyers specialize in the unique complexities of the Uniform Code of Military Justice (UCMJ) and military law. Unlike appointed military defense counsel (JAGs), civilian attorneys operate independently of the military chain of command, ensuring their sole loyalty is to their client. This independence allows them to aggressively challenge military authorities without fear of reprisal or conflict of interest.³⁷

Many prominent civilian military defense attorneys are former JAG officers themselves, bringing an invaluable insider’s perspective to their defense strategies.³⁹ They often maintain lighter caseloads than their military counterparts, enabling them to dedicate more personalized attention and resources to each case.³⁷

B. Profiles of Key Firms and Attorneys

1. Gonzalez & Waddington (ucmjdefense.com)

Gonzalez & Waddington, LLC, is a battle-tested military defense law firm with a global reputation for winning serious and complex cases.¹⁴ They represent military personnel worldwide across all branches: Army, Air Force, Navy, Marine Corps, Coast Guard, and Space Force, in court-martial cases.⁴⁵

The firm’s attorneys have defended hundreds of cases, including high-profile sexual assault cases (Article 120 UCMJ), complex court-martials, and administrative separation proceedings.⁴⁵ They focus on defending serious criminal cases such as sex crimes, war crimes, violent crimes, and white-collar crimes.⁴⁶ The firm emphasizes making the military prove their case beyond a reasonable doubt and frequently takes criminal cases to trial.⁴⁸

• Michael Stewart Waddington – Partner: Michael Waddington is a criminal defense lawyer and best-selling author who defends cases in military courts worldwide. He also represents military personnel under investigation who have not yet been charged.⁴⁶ He has been widely reported on and quoted by major media sources globally, including CNN, 60 Minutes, ABC’s “Nightline,” the BBC, and CBS.⁴⁶ He co-authored three leading textbooks on cross-examination with Alexandra González-Waddington:Pattern Cross-Examination for Sexual Assault Cases, Pattern Cross-Examination for DNA and Biological Evidence, and Pattern Cross-Examination of Expert Witnesses. These books are used by criminal defense lawyers worldwide.⁴⁵ Mr. Waddington teaches trial advocacy throughout the United States and has lectured at national conferences, including the National Association of Criminal Defense Lawyers (NACDL) Forensic Science Conference, on topics such as defending military clients charged with sexual assault and cross-examining forensic experts.⁴⁶
• Alexandra González-Waddington – Partner: Alexandra is a founding partner of González & Waddington, LLC, and a Georgia registered mediator.⁴⁶ She has represented and defended hundreds of defendants accused of sexual assault and has worked on prominent war crime cases stemming from the Iraq and Afghanistan wars.⁴⁶ Her cases have been reported by numerous major media sources worldwide.⁴⁶ She co-authored the three leading textbooks on cross-examination with Michael Waddington.⁴⁵ Alexandra has lectured at national legal conferences, including the NACDL and the National Trial Lawyers Summit, covering trial advocacy, cross-examination, expert witnesses, and jury selection.⁴⁶ 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.⁴⁶
• Service Areas: The firm defends criminal cases throughout Florida (Military, Federal & State) and handles Army, Air Force, Navy, Marine Corps, and Coast Guard cases worldwide.⁴⁶ They have defended clients at every major military base in the world, including Fort Liberty, Fort Cavazos, Fort Bliss, Ramstein AFB (Germany), Yokota Air Base (Japan), Camp Humphreys (South Korea), and NAS Oceana.¹⁴

2. Philip D. Cave (court-martial.com)

Philip D. Cave is a military defense lawyer with extensive experience in military law, having practiced exclusively in this field since 1979.⁵⁰ He is a veteran-owned law firm, representing members of the U.S. Armed Forces in UCMJ and court-martial cases.⁵¹ His experience includes roles as a prosecutor, defense counsel, appellate advocate, and legal advisor in military cases, with tours of duty in the U.S., Gulf-I, and overseas in Spain, Portugal, and Bahrain.⁵¹ He has served on the Navy Clemency & Parole Board and the Joint Service Committee on Military Justice.⁵⁰ His practice is 100% military law, with 90% devoted to trial and appellate litigation.⁵⁰

• Professional Profile: Mr. Cave has tried hundreds of contested cases and been involved in thousands of cases, ranging from simple AWOL/UA cases to complex murder, sex assault, and national security cases.⁵⁰ He is regularly consulted by print, radio, and TV media for commentary on significant military justice cases and issues.⁵⁰ He emphasizes clear communication with clients.⁵⁰
• Service Areas: Philip D. Cave represents military service members around the country and overseas, including locations like San Diego, Korea, and the Mid-East.⁵¹ He handles court-martial appeals, adverse administrative actions (including 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), security clearances, and cases in the Federal Court of Claims (such as claims for back pay and loss of pay related to unlawful discharge or denial of promotion).⁵¹

3. Patrick J. McLain, PLLC (mclainmilitarylawyer.com)

The Law Office of Patrick J. McLain, PLLC, is a civilian military law firm that proudly serves all six branches of the military worldwide.⁴⁰ Attorney Patrick J. McLain brings over 30 years of experience in military law, including over two decades of active service in the Marine Corps, and roles as a former federal prosecutor and retired court-martial trial judge.⁴⁰ The firm emphasizes aggressive legal advocacy and has successfully handled over 3,500 cases.⁴⁰

• Professional Profile: Patrick J. McLain is widely respected by his peers and clients, known for his integrity and unparalleled work ethic.⁴⁰ The firm provides clear, practical advice to help clients understand their rights and prepare for the legal process.⁴⁰
• Service Areas: The firm handles a wide range of military legal matters, including court-martial defense, administrative actions, appellate & review boards, discharges, physical evaluation board (PEB) appeals, officer misconduct, Article 15 hearings, and nonjudicial punishment proceedings.⁴⁰ They represent clients across the country and around the world.⁴⁰ Specific office locations include Clearwater (FL), Scottsdale (AZ), Washington D.C., Dallas (TX), San Diego (CA), and Oakdale (LA).⁴⁰

4. Richard V. Stevens (militaryadvocate.com)

Richard V. Stevens is a military defense lawyer with over a quarter-century of military law experience, having served as a former active duty military JAG attorney and as a civilian defense counsel since 2001.³⁹ His firm exclusively represents military clients and handles only military cases.³⁹ He is recognized as a premier military trial defense litigator and is frequently recommended by former military judges and senior JAG lawyers.³⁹

• Professional Profile: Attorney Stevens is dedicated to protecting the rights of military members and aggressively defending them against all types of military adverse actions.³⁹ He provides unbiased and honest assessments of cases, focusing on successful strategies, legal issues, investigative errors, factual issues, and persuasive arguments.³⁹
• Service Areas: Richard V. Stevens and his firm represent members of all military branches worldwide (Air Force, Army, Coast Guard, Marine Corps, Navy).³⁹ They handle a comprehensive range of cases, including courts-martial (trials, appeals, and clemency), administrative actions (administrative separation/military discharge, Board for Correction of Military Records (BCMR), Medical & Physical Evaluation Board (MEB & PEB), Non-Judicial Punishment (NJP)/Article 15, promotion removal/denial/demotion), and specific offenses such as computer crime, drug crime, homicide, larceny, sexual assault, fraternization & adultery, national security, and war crimes.³⁹ They also represent clients in UCMJ Article 32 Hearings and Article 138 Complaints of Wrongs.³⁹ Locations mentioned include California, Florida, North Carolina, Texas, and Washington, D.C..³⁹

5. Aaron Meyer Law (aaronmeyerlaw.com)

Aaron Meyer is a civilian attorney with extensive experience in military law, having also served in the United States military himself.⁵⁴ He is highly recommended by other legal professionals, praised for being a “fearless and smart” and “aggressive and tireless” trial lawyer.⁵⁴ The firm is committed to vindicating the rights of individuals and aims for a singular goal: to win.⁵⁶

• Professional Profile: Aaron Meyer Law specializes in military law, recognizing its unique differences from civilian law.⁵⁴ The firm emphasizes that while military members are entitled to a free military lawyer, these attorneys may have limited court-martial experience, heavy caseloads, and may not be able to dedicate sufficient time to a case.⁵⁴ Therefore, they advocate for hiring a civilian lawyer with a proven track record in court-martial cases.⁵⁴
• Service Areas: Aaron Meyer Law provides comprehensive military defense services, including:
  • Military Criminal Defense: Covering General Court-Martial and Special Court-Martial Defense, Boards for Correction of Military Records (Discharge Upgrade), Military Administrative Separation, and Servicemembers Civil Relief Act (SCRA) issues.⁵⁴
  • UCMJ Articles Defense: Specializing in defending against charges under various UCMJ articles, including Article 15 (Non-Judicial Punishment), Article 31 (Compelled to Incriminate Yourself), Article 32 (Preliminary Hearing), Article 80 (Murder), Article 89 (Disrespect Offenses), Article 90 (Assaulting or Disobeying a Superior Officer), Article 92 (Failure to Obey an Order), Article 107 (False Official Statements), Article 112 (Drunk on Duty), Article 120 (Rape & Sexual Assault), Article 121 (Larceny), Article 125 (Sodomy), Article 128 (Assault), Article 132 (Frauds Against the United States), Article 133 (Conduct Unbecoming an Officer), and Article 134 (General Article), Article 138 (Complaints of Wrongs).⁵⁴
  • Representation at Military Bases: Serves clients at various military installations across all branches: Air Force Bases (e.g., Los Angeles AFB, Edwards AFB), Army Bases (e.g., Fort Bliss, Fort Carson), Coast Guard Bases, Marine Corps Bases (e.g., Miramar, Camp Pendleton), and Navy Bases (e.g., Naval Base San Diego).⁵⁴
  • Other Practice Areas: Also handles criminal defense (e.g., domestic violence, drug crimes, sex crimes, theft, violent crimes) and other areas like personal injury and consumer assistance.⁵⁴

VI. Advantages of Retaining a Civilian Military Defense Attorney

Retaining a civilian military defense attorney offers distinct advantages that can significantly impact the outcome of a service member’s case, particularly when facing serious allegations under the UCMJ.

A. 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 Unlike military defense counsel, who operate within the constraints of the Judge Advocate General’s Corps, civilian lawyers are not subject to military hierarchy, evaluation reports, or promotion considerations.

This freedom allows them to challenge military authorities, legal violations, or procedural errors without fear of reprisal or conflict of interest.³⁷ Their sole loyalty lies with their client, empowering them to advocate more assertively and objectively. This independence ensures that the attorney’s decisions are driven purely by the client’s best interests, rather than any potential influence from military superiors or institutional pressures.

B. Specialized UCMJ Expertise and Experience

Civilian military lawyers often bring decades of trial experience in both military and civilian legal systems, allowing them to craft comprehensive defense strategies that consider every possible legal angle.³⁷ Many of these attorneys are former JAG officers, providing them with an invaluable insider’s understanding of how the military justice system operates from within.³⁹

This background equips them with in-depth knowledge of the UCMJ, court-martial procedures, administrative separation processes, and other military-specific disciplinary actions.⁴¹ Their specialized knowledge extends to niche areas like security clearance hearings or disciplinary actions specific to different branches (Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force).³⁷

This level of focused expertise is often crucial for navigating the unique rules and protocols that distinguish military law from civilian jurisprudence.³⁷

C. Dedicated Client Advocacy and Resources

Civilian attorneys typically maintain lighter caseloads compared to military defense counsel, who often juggle numerous cases simultaneously.³⁷ This allows civilian lawyers to dedicate significant time and resources to each individual client, providing the personalized attention a complex case deserves.³⁷

They are often more aggressive in their approach, thoroughly contesting the prosecution’s evidence and challenging the conduct of military investigators, leaving no stone unturned in building a robust defense.³⁷

Furthermore, civilian lawyers usually have extensive networks of external experts, such as medical professionals, digital forensic specialists, or psychological experts, which can significantly strengthen a case, particularly in matters involving highly technical evidence or complex allegations like sexual assault.³⁷ This access to specialized resources may not always be readily available to appointed military counsel.

D. Continuity of Counsel

The nature of military service means that appointed military attorneys are subject to Permanent Change of Station (PCS) moves, deployments, and regular rotations. These factors can lead to changes in defense counsel mid-case, potentially disrupting strategy and continuity.

A civilian attorney, however, offers stable representation throughout the entire legal process, regardless of the service member’s location or military assignments. This continuity ensures that the defense strategy remains consistent and that the client benefits from a lawyer who has been intimately familiar with their case from the outset.

E. Dual Representation Benefits

Service members are not forced to choose between military and civilian counsel. Instead, they have the right to retain both, creating a “team of attorneys” with potentially multiple plans of action.³⁸ This dual representation provides additional resources, diverse perspectives, and a collaborative defense strategy.

The appointed military counsel can handle routine matters and provide an understanding of internal military processes, while the civilian attorney brings independence, specialized expertise, and dedicated advocacy. This collaborative approach can significantly enhance the overall strength of the defense, offering the service member the most comprehensive legal support possible during a challenging time.³⁸

VII. 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 and future. Thorough due diligence is essential.

A. Due Diligence and Research

Initiate the process with comprehensive research. This involves thoroughly reviewing law firm websites, examining attorney biographies, and exploring their case histories to gain an understanding of their military service and the types of cases they handle.⁵⁷

Pay close attention to the firm’s reputation, professional qualifications, and any public ratings or accolades.⁵⁸ It is important to look for specialized experience in UCMJ cases, including procedures related to Captain’s Mast, administrative separation boards, and show cause boards.⁵⁹

While websites can provide initial information, direct communication is invaluable. Many civilian military law firms offer free initial consultations, and it is highly advisable to take advantage of these opportunities to speak with multiple attorneys.⁵⁸

B. Experience with UCMJ and Military Background

Prioritize attorneys with significant experience in military law. The ideal candidate will have a deep understanding of the Uniform Code of Military Justice (UCMJ) and military procedures, which differ substantially from civilian courts.⁴¹ A strong military background, such as prior service or experience as a member of the Judge Advocate General’s Corps (JAG), can be particularly beneficial, as it indicates an insider’s perspective on military culture and legal nuances.⁵⁸

Inquire about their trial experience, as top civilian military attorneys are expected to have more courtroom experience than many appointed JAGs.⁵⁷ Look for a proven track record of successful outcomes in cases similar to the one at hand.⁴¹

C. Track Record and Testimonials

A lawyer’s track record is a strong indicator of their competence. Request specific case results, client testimonials, or references from other military members.⁴¹ Online reviews on platforms such as Google, Avvo, and various legal directories can provide valuable insights into an attorney’s reputation and the experiences of past clients.

When reviewing testimonials, look for comments that highlight qualities important to your situation, such as communication skills, dedication, and successful outcomes.⁴¹ A history of positive client experiences can instill confidence in their ability to handle complex military legal matters.

D. Communication, Availability, and Willingness to Travel

Effective communication is paramount in legal representation. Your chosen attorney should be able to explain complex legal concepts in a clear and understandable manner, avoiding jargon that might confuse you.⁴¹ They should also be responsive to your questions and concerns, keeping you informed about the progress of your case.⁴¹

Given the unique demands of military life, confirm their accessibility and inquire about flexible scheduling options, including evenings or weekends, as this demonstrates an understanding of service members’ unique circumstances.⁴¹

Furthermore, for military cases, it is crucial to verify the attorney’s willingness to travel to military installations nationwide and even overseas, as many prominent firms offer this global reach in representing clients wherever they are stationed.⁵⁸

E. Fee Structure and Financial Transparenc

Discuss fees upfront to ensure full transparency. Inquire whether the attorney charges flat fees or hourly rates. Flat fees are often preferred for military cases due to the unpredictability of case duration, offering clearer financial expectations.⁵⁸ Seek a clear explanation of all fees and any potential additional costs.⁴¹

While retaining civilian counsel incurs costs, it is important to recognize that the long-term benefits of a favorable outcome often outweigh these fees, especially given the severe and lasting consequences of military convictions on a service member’s career, benefits, and civilian life.⁵⁴ Many reputable firms offer free initial consultations, allowing for a preliminary assessment of your case and a discussion of financial arrangements without immediate commitment.⁵⁸

F. Trust and Personality Fit

Beyond qualifications and experience, the personal connection with your attorney is vital. The process of choosing a lawyer is about finding the best fit for your specific case and personality.⁵⁷ Look for an attorney who exudes confidence without being conceited, and one who acknowledges the competence of other legal professionals rather than disparaging them.⁵⁷ Trust is paramount in an attorney-client relationship; you must feel confident that they will prioritize your needs and diligently work towards the best possible outcome for your situation.⁵⁷

VIII. Common Questions and Answers (FAQ)

Who is subject to military law?

Active-duty military members are subject to the UCMJ “everywhere, all the time,” meaning it applies regardless of their geographical location or whether other state or federal laws also apply. In some special cases, civilians who are operating with the military may also be subject to the UCMJ.³

What are the most common offenses tried at courts-martial?

Common offenses include desertion, drug offenses, sexual assault, larceny, fraud, murder, manslaughter, assault, adultery, conduct unbecoming an officer, AWOL (Absent Without Leave), fraternization, disrespect, and insubordination.¹³

Can a service member choose to be court-martialed instead of facing Non-Judicial Punishment (NJP)?

Yes, in most cases, a service member can choose to be court-martialed instead of facing Non-Judicial Punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ).⁷

What are the possible consequences of a court-martial conviction?

A court-martial conviction can lead to a federal criminal record, forfeiture of pay and allowances, fines, confinement, punitive discharge (such as a Bad Conduct Discharge, Dishonorable Discharge, or dismissal for officers), reduction in rank, reprimands, loss of military pension and benefits, mandatory sex offender registration for certain offenses, and significant barriers to civilian employment, education, and housing.¹³

Will a court-martial conviction affect civilian life?

Yes, a court-martial conviction results in a federal criminal record that can profoundly impact future civilian employment opportunities, security clearances, and civil rights, such as the right to vote or possess firearms.¹³

What should a service member do if suspected of an offense?

If suspected of an offense, a service member should remain calm, immediately invoke their right to remain silent by stating, “I want a lawyer,” and contact a military defense attorney (either an Area Defense Counsel or civilian counsel) as soon as possible. It is crucial not to make any statements to anyone, including family or friends, until after consulting with a lawyer, as anything said can be used against them.³

What is the difference between military law and civilian law?

Military law, codified in the UCMJ, is a complete set of criminal laws specifically for armed forces members. It covers both civilian-like crimes and unique military offenses that affect good order and discipline. Unlike civilian law, the UCMJ applies universally to active-duty members. The military justice system also provides certain rights, such as free military counsel and Article 31 protections against self-incrimination, earlier in the process than typically found in civilian practice.¹

What is an Article 32 Preliminary Hearing?

An Article 32 Preliminary Hearing is a pretrial investigation, comparable to a civilian grand jury process, that is typically a prerequisite for a General Court-Martial (unless waived by the accused). Its purpose is to inquire into the truth of the charges and determine the appropriate disposition of the case. This hearing is ordinarily open to the public and the media.¹

What are the benefits of hiring a civilian military defense attorney over an appointed military counsel?

Advantages include independence from the military chain of command, specialized UCMJ expertise, dedicated attention due to lighter caseloads, continuity of counsel throughout the case, and the ability to form a dual defense team alongside appointed JAGs, providing comprehensive legal support.³⁷

What should a service member look for when hiring a civilian military defense lawyer?

Service members should look for specialized experience in UCMJ cases, a proven track record of successful outcomes, strong communication skills, accessibility, a willingness to travel to military installations nationwide, a transparent fee structure, and a good personality fit that fosters trust.⁵⁸

IX. Conclusion

Navigating the military justice system demands a thorough understanding of its unique legal framework, the Uniform Code of Military Justice, and the various court-martial processes. This report has illuminated the foundational principles of military law, the distinct types of courts-martial, their procedures, and the severe, far-reaching consequences that a conviction can impose on a service member’s military career and civilian life.

A key takeaway is the critical importance of proactive and specialized legal representation. While the military provides appointed counsel, the nuances of UCMJ, the potential for dual legal sovereignty, and the public nature of certain proceedings often necessitate the independent and dedicated advocacy offered by civilian military defense attorneys.

Their independence from the chain of command, deep expertise, ability to dedicate extensive resources, and continuity of counsel provide a strategic advantage that can be pivotal in achieving favorable outcomes.

For service members facing an investigation or charges, making informed decisions about legal representation is paramount. The stakes are exceptionally high, as military legal proceedings can have profound and lasting impacts on an individual’s future. Seeking immediate, qualified legal counsel is not merely a right but a strategic imperative to safeguard one’s career, reputation, and overall well-being.