A Guide to Military Justice in Washington: Understanding UCMJ, Court-Martials, and Civilian Defense for Service Members in Washington

I. Introduction to Military Justice and the UCMJ (in Washington State)

Washington State maintains a substantial military presence, hosting key installations from the U.S. Army, Navy, Air Force, and Coast Guard. Each branch operates dedicated legal offices designed to support service members, their families, and eligible Department of Defense (DoD) civilians.

These on-base legal assistance offices primarily address civil legal matters, such as family law, wills, and consumer issues. In contrast, military justice concerns, including Uniform Code of Military Justice (UCMJ) violations and courts-martial, are handled by separate defense services or necessitate the engagement of specialized civilian counsel.

The UCMJ itself forms the fundamental legal framework governing military conduct and proceedings for all service members, regardless of their global location, including those stationed within Washington.

For complex or high-stakes military justice cases, independent civilian military defense attorneys offer distinct advantages, notably their specialized expertise and their operational freedom from the military chain of command.

For any service member confronting a legal issue, particularly those involving UCMJ allegations, immediate legal counsel is imperative. While on-base legal assistance offices are invaluable for civil matters, understanding the specific roles of military-appointed defense counsel and considering the retention of a civilian military defense attorney for independent, specialized advocacy is crucial for matters pertaining to criminal or administrative actions under the UCMJ.

Early intervention by experienced legal professionals can significantly influence the trajectory and ultimate outcome of a case.

II. Understanding the Uniform Code of Military Justice (UCMJ)

Purpose and Scope of Military Law

The Uniform Code of Military Justice (UCMJ) stands as the bedrock of the military justice system within the United States armed forces. Enacted by Congress and signed into law by President Harry S. Truman in 1950, the UCMJ was a pivotal legislative act that replaced a fragmented system of disparate service-specific regulations, thereby establishing a unified and consistent legal framework for all branches of the U.S. military.¹

This comprehensive federal law meticulously outlines both the substantive offenses punishable under military law and the procedural rules that govern the entire military justice system.^{3 Its systematic structure includes general provisions, rules for apprehension and restraint, non-judicial punishment, court-martial jurisdiction, and detailed punitive articles defining specific offenses.3}

The UCMJ is further refined and implemented through the Manual for Courts-Martial (MCM), a document prescribed by the President. The MCM elaborates on UCMJ laws, details procedural rules, and specifies potential punishments for violations.^{3 This foundational legal duo ensures a clear delineation of military conduct and its legal ramifications.}

Beyond addressing crimes commonly found in civilian jurisdictions, such as murder, rape, or drug offenses, the UCMJ also encompasses unique military-specific offenses. These include acts like desertion, disrespect towards superiors, failure to obey orders, and dereliction of duty, all of which are critical for maintaining good order and discipline within the armed forces.⁴

The jurisdiction of the UCMJ is exceptionally broad. It applies to active-duty service members across all branches of the U.S. military—the Army, Air Force, Navy, Marine Corps, Coast Guard, and Space Force. Furthermore, reservists and National Guard members fall under its purview when they are on active duty or performing duties under federal orders.³

In certain specialized circumstances, the UCMJ’s authority can even extend to civilians operating in conjunction with the military.^{7 This expansive reach signifies that the UCMJ is applicable everywhere and at all times to service members, often concurrently with state or federal civilian laws.7}

The UCMJ is fundamentally designed for continuous adaptation. Its history reflects a consistent pattern of amendments and updates, which are necessary to address emerging challenges and to align military operations with evolving societal norms and legal standards. For instance, the UCMJ has expanded protections for whistleblowers, safeguarding those who report misconduct from retaliation.¹

The most recent editions of the MCM, such as the 2024 version, regularly incorporate new Executive Orders and National Defense Authorization Acts, demonstrating the UCMJ’s responsive nature to contemporary legal and operational realities.^{3 This ongoing evolution underscores the necessity for military legal professionals to remain perpetually informed of changes to effectively advise and represent service members.}

A critical aspect of military law is its dual purpose. Unlike civilian criminal law systems, which primarily focus on discovering the truth, punishing the guilty proportionately, and acquitting the innocent, the UCMJ serves additional objectives: to promote justice, maintain good order and discipline, enhance efficiency and effectiveness within the military establishment, and ultimately strengthen national security.⁴

This unique emphasis means that military legal proceedings often integrate considerations of military readiness and unit cohesion that are absent in civilian courts. For service members, this implies that the consequences of UCMJ violations extend beyond typical criminal penalties, potentially impacting their career progression, rank, and overall ability to serve. This unique context highlights the significantly higher stakes involved in military legal matters.

Types of Courts-Martial: Summary, Special, and General (Jurisdiction and Potential Outcomes)

The military justice system utilizes three distinct tiers of courts-martial, each structured to address offenses of varying severity with corresponding levels of procedural protection and punishment authority.^{3 Understanding these distinctions is fundamental for anyone navigating the military legal landscape.}

Summary Court-Martial (SCM)

The Summary Court-Martial is the lowest level of military court. It is designed for the swift and simplified adjudication of minor offenses.⁸

Its jurisdiction is limited to minor offenses committed exclusively by enlisted members; officers cannot be tried by an SCM.⁹ An accused service member must consent to be tried by an SCM. If consent is withheld, the command may opt for alternative dispositions, including trial by a Special or General Court-Martial.⁹

The SCM is presided over by a single commissioned officer, typically a Captain or higher, who functions as both judge and fact-finder and is not required to be a military attorney.^{9 While the accused generally does not have a right to appointed military counsel in an SCM, some services, such as the Air Force, may provide it as a matter of policy.6 Civilian counsel can, however, be retained at the accused’s expense.9}

Maximum punishments for enlisted members in pay grades E-4 and below include confinement for up to 30 days, hard labor without confinement for up to 45 days, restriction for up to 60 days, forfeiture of two-thirds pay for one month, and reduction to E-1.³ For enlisted members in pay grades E-5 and above, confinement is not authorized, and reduction is limited to one pay grade.^{9 Common examples of offenses tried by SCM include intoxication while on duty, unauthorized absence (AWOL), and refusal to obey a direct order.11}

Special Court-Martial (SPCM)

The Special Court-Martial represents an intermediate level of military court, hearing more serious charges than an SCM. These offenses are often comparable to misdemeanor-level crimes in civilian courts but carry potentially significant penalties.³ An SPCM consists of a military judge and at least three court members (officers). Alternatively, the accused may request a trial by judge alone.⁶

Enlisted accused individuals have the right to request that at least one-third of the panel members be enlisted personnel.^{4 In an SPCM, the accused is entitled to free military defense counsel and also has the option to retain civilian counsel at their own expense.6 Maximum punishments include confinement for up to one year, reduction to E-1 (officers cannot be reduced), forfeiture of two-thirds pay per month for one year, and/or a Bad Conduct Discharge (BCD).3}

Notably, an SPCM cannot impose a dishonorable discharge or the death penalty.¹¹ Examples of offenses typically tried by SPCM include physical altercations, minor drug offenses, petty theft, and improper relationships.¹⁰

General Court-Martial (GCM)

The General Court-Martial is the highest trial level within the military justice system, reserved for the most serious offenses, which are comparable to felonies in civilian jurisdictions.^{3 A GCM is composed of a military judge and at least five court members (officers), or a judge alone if requested by the accused.6}

Similar to an SPCM, enlisted accused individuals can request that at least one-third of the panel members be enlisted personnel.^{4 The accused in a GCM is entitled to free military defense counsel and may also retain civilian counsel at their own expense.4 The maximum punishments in a GCM are determined by the Manual for Courts-Martial for each specific offense and can be severe.}

These may include lengthy confinement, including life imprisonment, forfeiture of all pay and allowances, reduction to E-1, dishonorable discharge for enlisted personnel, dismissal for officers, or even the death penalty for capital offenses.^{3 The GCM is the sole military forum authorized to adjudge a death sentence.9}

A mandatory pre-trial requirement for a GCM is an Article 32 preliminary hearing, which serves as the military equivalent of a civilian grand jury, unless waived by the accused.^{3 Examples of offenses tried by GCM include murder, rape, and other grave breaches of military law.10}

A notable characteristic of the military justice system, particularly evident in the progression from Summary to Special to General Courts-Martial, is the increasing level of procedural protections and rights afforded to the accused as the potential severity of the punishment escalates.

For example, while Summary Courts-Martial generally do not guarantee a right to counsel, both Special and General Courts-Martial do.^{6 Furthermore, General Courts-Martial uniquely mandate an Article 32 hearing as a preliminary step.3 This graduated system reflects a fundamental principle of due process: the greater the potential deprivation of liberty or property, the more robust the procedural safeguards provided.}

This structure highlights that while minor offenses may be resolved swiftly with fewer procedural avenues, more serious allegations trigger a more formal and rights-protective process, underscoring the critical importance of legal counsel at higher court-martial levels.

The Court-Martial Process: A Step-by-Step Overview

The court-martial process is a meticulously structured series of steps, from the initial investigation to potential appeals, all governed by the UCMJ, the Manual for Courts-Martial (MCM), the Rules for Courts-Martial (RCM), and the Military Rules of Evidence (MRE).³

Step 1: Investigation and Preferral of Charges

The process commences with an investigation into alleged misconduct. This investigation is conducted by specialized law enforcement and investigative agencies specific to each service branch, such as the Army’s Criminal Investigation Command (CID), the Air Force Office of Special Investigations (OSI), the Navy and Marine Corps’ Naval Criminal Investigative Service (NCIS), and the Coast Guard Investigative Service (CGIS).³

Upon conclusion, the investigation report is provided to the accused service member’s commander and the Staff Judge Advocate (JAG).^{3 While the JAG offers legal advice, the final decision regarding disposition rests with the commander.3}

If the commander determines that a court-martial is warranted, they formally “prefer” charges against the accused by listing them on a charge sheet.^{3 At this initial stage, the accused possesses crucial rights, including the right to remain silent and the right to consult with an attorney immediately. Exercising these rights early is paramount for protecting one’s position.7}

Step 2: Article 32 Preliminary Hearing

The Article 32 hearing is a critical preliminary step, mandatory for cases intended to proceed as a General Court-Martial.^{3 It is not required for Summary or Special Courts-Martial.3 This hearing functions similarly to a civilian grand jury proceeding, designed to evaluate whether sufficient evidence exists to proceed to a court-martial.3}

A Preliminary Hearing Officer (PHO) presides over the Article 32 hearing, reviewing evidence, hearing witness testimony, and making non-binding recommendations to the command regarding probable cause, the proper framing of charges, and the appropriate disposition of the case.³

During this phase, the accused has significant rights, including the right to be present throughout the hearing, to be represented by counsel (military or civilian), to cross-examine witnesses presented by the government, and to present their own evidence. This opportunity allows the defense to gain valuable discovery, identify weaknesses in the prosecution’s case, and potentially influence the convening authority’s decision to drop or reduce charges before they are formally referred to trial.³

Step 3: Referral of Charges

Following the Article 32 hearing (if applicable), the Convening Authority, typically a high-ranking commander, makes the critical decision on whether to “refer” the charges and specifications to trial by a specific court-martial.^{3 This act of referral formally completes the charge sheet and signifies that a court-martial trial will be scheduled. The Convening Authority must be advised by their Staff Judge Advocate before making this determination.3 This step represents the formal commitment of the military to pursue a court-martial.}

Step 4: The Trial Phase (Court-Martial Itself)

Once charges are referred, the case proceeds to the trial phase, which is presided over by a military judge.^{3 A pivotal decision for the accused before the trial commences is the forum election: whether the case will be decided solely by a military judge or by a panel of court members (similar to a civilian jury).3}

Enlisted service members also have the right to request that enlisted personnel be included on the panel, and all panel members must outrank the accused.³ The trial generally follows several distinct phases: arraignment (formal reading of charges), motion hearing (for pre-trial motions, potentially suppressing evidence), and the trial on the merits (findings phase, where guilt or innocence is decided).

The findings phase includes voir dire (panel selection), opening statements, presentation of the government’s case, presentation of the defense case (if any), closing arguments, and the verdict.³ If a “not guilty” verdict is reached on all charges, the service member’s record is cleared, and they return to duty. If a “guilty” verdict is reached on any charge, the case immediately proceeds to the sentencing phase.³

Step 5: Sentencing

A unique aspect of the military justice system is the immediate transition from the findings phase to the sentencing phase following a guilty verdict, with typically no delay between the two.^{3 Sentencing in a court-martial is a litigated hearing, where both sides can present evidence, call witnesses, and make arguments regarding the appropriate punishment.3}

The sentencing authority—either the military judge alone or the same court member panel that determined guilt—then deliberates and announces the sentence.^{3 Authorized punishments can include confinement, reduction in rank, forfeitures of pay and allowances, a fine, or a punitive discharge.3}

Step 6: Post-Trial Clemency and Appeals

Following a guilty verdict and sentencing, the case enters the post-trial clemency phase, where the accused service member can petition the Convening Authority to take beneficial action, such as mitigating, remitting, or suspending a portion of the sentence. However, favorable clemency is rarely granted.^{3 After the clemency phase, a court-martial conviction enters the post-trial appeal phase. The specific appeal process depends on the severity of the sentence.3}

For cases with minimal sentences, the appeal is processed through the service branch Judge Advocate General.³ For cases with more significant sentences (e.g., punitive discharge or confinement of one year or more), the appeal is automatically handled by the appellate courts.

Each service branch maintains its own criminal appeals court (Army Court of Criminal Appeals, Navy-Marine Corps Court of Criminal Appeals, Air Force Court of Criminal Appeals, Coast Guard Court of Criminal Appeals), above which sits the U.S. Court of Appeals for the Armed Forces (CAAF).³ In exceedingly rare circumstances, a military case can even be appealed to the United States Supreme Court.³

The progression through the court-martial process highlights a crucial dynamic: the ability to intervene early and strategically can significantly alter the trajectory of a case. From the initial investigation, where the commander decides on disposition after receiving legal advice, to the Article 32 hearing, which is described as a pivotal preliminary step, there are opportunities for the defense to gain valuable discovery and influence the convening authority’s decision to drop or reduce charges.³ This emphasizes that legal engagement

before charges are formally referred to a court-martial is a critical juncture. The paramount importance of service members exercising their right to counsel immediately upon suspicion or investigation, rather than waiting for formal charges, cannot be overstated, as early intervention can potentially prevent a court-martial entirely or lead to less severe administrative actions.

Distinguishing Military Justice from Civilian Legal Systems

The military justice system operates with fundamental distinctions from civilian legal systems, shaped by its unique mission and operational environment.

One primary difference lies in its unique jurisdiction. The UCMJ applies globally and continuously to service members, irrespective of their geographical location, a stark contrast to civilian law which is typically confined by territorial boundaries.⁷ This means a service member can be prosecuted under the UCMJ for an offense committed anywhere in the world, even if local civilian laws also apply.

A significant procedural divergence is the concept of command influence. Military commanders possess substantial authority in determining the disposition of offenses, including deciding whether to pursue administrative action, non-judicial punishment, or a court-martial.³ This direct involvement of the chain of command in legal proceedings is a key differentiator from civilian systems, where prosecutors typically have less direct influence over initial case disposition.³

Regarding rights and protections, while the UCMJ incorporates principles of fairness and due process, ensuring that service members’ rights are protected ¹, some rights are afforded earlier than in civilian practice. For instance, service members have the right to free military counsel when questioned as a suspect, a protection often granted earlier in the military system than in civilian criminal proceedings.⁴ However, the military system may also feature differences in jury size and unanimity requirements for convictions that deviate from civilian norms.³

The punishment focus in military justice extends beyond merely punishing the guilty and acquitting the innocent. It also aims to enhance discipline throughout the Armed Forces and maintain force readiness, serving the overarching objective of providing an effective national defense.⁴ This broader mandate means that penalties in the military system can have unique impacts on a service member’s career, rank, and benefits, beyond typical incarceration or fines.

Finally, the appellate process in the military is distinct. It features its own hierarchical structure of appellate courts, including service-specific courts of criminal appeals and the U.S. Court of Appeals for the Armed Forces (CAAF).³ While cases can, in rare instances, be appealed to the U.S. Supreme Court, this is an infrequent occurrence.³

A critical consideration arising from these distinctions, particularly the role of command, pertains to the perceived independence of military-appointed counsel. Civilian lawyers frequently emphasize their complete independence from the military chain of command as a crucial advantage.³

This independence is often contrasted with military defense counsel who, while loyal to their clients, operate within the structural constraints of the Judge Advocate General’s Corps.²⁰ Military-appointed attorneys may also face challenges such as being “overworked and thinly stretched” due to high caseloads.²¹

This structural independence allows civilian attorneys to challenge military authorities and procedural irregularities more aggressively without concern for career repercussions, especially in cases where unlawful command influence (UCI) is a factor.³ This makes civilian counsel a strategic choice for service members who seek a defense unconstrained by internal military dynamics or who perceive potential conflicts of interest.

III. Official Military Legal Assistance Offices in Washington State

General Scope of Services and Eligibility

Legal assistance offices situated on military installations across Washington State provide free, confidential legal assistance to eligible individuals concerning their personal civil legal matters.²²

Eligible Beneficiaries typically include active-duty service members, their dependents, military retirees and their dependents, and reservists or National Guard members serving on Title 10 orders.²⁷ Some offices also extend limited services to Department of Defense (DoD) civilian employees.²⁹

However, these offices operate under specific limitations. Generally, they are prohibited from representing service members in civilian court or administrative proceedings.²⁸ Furthermore, they typically do not provide advice or representation for criminal matters or adverse administrative actions such as Letters of Reprimand (LORs) or Article 15s.²⁶ Other common restrictions include prohibitions on advising on personal commercial enterprises ²⁸ or drafting complex legal documents like living trusts or intricate real estate documents.²⁷ Legal advice is generally not provided over the telephone, with exceptions for specific circumstances such as deployment-related matters.²⁶

A consistent pattern observed across all branches’ legal assistance offices in Washington State is a clear functional division in the services provided. These offices offer a wide array of civil legal services, including family law matters, wills, and powers of attorney.²³ However, they explicitly state limitations on their ability to handle criminal matters, provide court representation, or address administrative actions directly related to misconduct.²⁶ This distinct separation means that service members cannot rely on their installation’s general legal assistance office for UCMJ violations, courts-martial, or administrative actions stemming from misconduct. For these critical issues, service members must seek specialized military defense counsel, whether through military-appointed defense attorneys or by retaining civilian legal professionals. This highlights a crucial knowledge gap that service members need to be aware of to ensure they seek appropriate legal support for their specific situation.

Joint Base Lewis-McChord (Army & Air Force)

Joint Base Lewis-McChord (JBLM) represents a significant military installation in Washington State, integrating both Army (Fort Lewis) and Air Force (McChord Field) components.³⁰ This joint structure aims to streamline operations and support services for a diverse military population.

Lewis Main Legal Assistance Office

The Lewis Main Legal Assistance Office is located at Building 2008 Liggette Avenue, JBLM, WA 98433.²³ It can be reached at (253) 477-1886 (commercial) or DSN 312-477-1875.²² The office operates Monday, Tuesday, Wednesday, and Friday from 9:30 a.m. to 4:30 p.m., and on Thursday from 1:00 p.m. to 4:30 p.m. All services are provided by appointment only.²² The scope of services includes family law (marriage, paternity, annulment, divorce, child custody/visitation, financial nonsupport), wills and estate law (wills, guardianship for minors, life insurance, Advance Medical Directives, Health Care Powers of Attorney), economic issues (bankruptcy, garnishments, debt, banking, credit cards, non-government claims, debtor disputes), landlord-tenant and real property matters, military administrative issues (15-6 investigations, Article 138 complaints, compassionate reassignments, correction of military records, flags, Financial Liability Investigations of Property Loss (FLIPL), General Officer Memorandums of Reprimand (GOMOR), Letters of Reprimand (LOR), Inspector General (IG) investigations, Officer Evaluation Reports (OER), Non-Commissioned Officer Evaluation Reports (NCOER), Line of Duty (LOD) investigations), civilian administrative matters, notary services, powers of attorney, certified copies, and attorney referrals.²³

McChord Field Legal Assistance Office

The McChord Field Legal Assistance Office is situated at 100 Col. Joe Jackson Blvd. Suite 1096, JBLM, WA 98438.²² Contact can be made via (253) 982-5513 (commercial) or DSN 312-382-5513.²² Operating hours are Monday, Wednesday, and Friday from 8:00 a.m. to 2:45 p.m., and Tuesday and Thursday from 8:00 a.m. to 4:00 p.m., with a lunch closure from 12:00 p.m. to 12:30 p.m. This office does not offer walk-in attorney services; appointments must be scheduled by phone.²² However, notary and powers of attorney services are available on a walk-in basis.³⁰ The scope of services provided by the McChord Field office mirrors that of the Lewis Main office.²³

The integrated nature of legal support at Joint Base Lewis-McChord, where both Army and Air Force components offer remarkably similar legal assistance services, signifies a unified approach to legal support across different branches within the joint base environment. This integration streamlines access to civil legal services for all service members stationed at JBLM, regardless of their specific branch affiliation. This coordinated effort provides consistent legal support, which is particularly beneficial for military families and personnel who may transfer between branch components within the joint base, ensuring a seamless experience for common legal needs.

Naval Base Kitsap (Navy)

Naval Base Kitsap (NBK) is a significant Navy installation in Washington State, with legal assistance offices located in both Bremerton and Bangor.³¹ These offices are part of the Region Legal Service Office Northwest (RLSO Northwest).

RLSO Northwest (Bremerton Office)

The RLSO Northwest (Bremerton Office) is located at 365 S. Barclay Building 433, Naval Base Kitsap-Bremerton, Bremerton, WA 98314.²⁴ The commercial phone number is (360) 476-1003, and the DSN is 312-439-1003.²⁴ The office can also be reached via email at RLSO_LA_NBK@us.navy.mil.²⁵ Hours of operation are Monday, Wednesday, and Thursday from 7:30 a.m. to 4:00 p.m., Tuesday from 9:00 a.m. to 4:00 p.m., and Friday from 9:00 a.m. to 12:00 p.m..²⁴ Walk-in hours for active duty personnel are Wednesday from 8:00 a.m. to 11:00 a.m. ²⁴, and walk-in notary/power of attorney services are available Monday and Thursday from 1:00 p.m. to 3:30 p.m..²⁵ This office provides non-criminal legal assistance, including family law, wills, and powers of attorney.²⁴

RLSO Northwest (Bangor Office)

The RLSO Northwest (Bangor Office) is located at 1001 Tautog Circle, Building 1001, Naval Base Kitsap-Bangor, Silverdale, WA 98315.²⁴ The commercial phone number is (360) 396-6003, and the DSN is 312-744-6003.²⁴ Operating hours are Monday, Wednesday, and Thursday from 7:30 a.m. to 4:00 p.m., and Tuesday and Friday from 9:30 a.m. to 4:00 p.m..²⁴

Walk-in hours for active duty personnel are Monday from 8:00 a.m. to 11:00 a.m. ²⁴, and walk-in notary/power of attorney services are available Monday, Tuesday, and Thursday from 1:00 p.m. to 3:30 p.m..²⁵ This office also provides non-criminal legal assistance, covering family law, wills, and powers of attorney.²⁴ Specific limitations beyond operating hours are not explicitly detailed for Naval Base Kitsap in the provided information ³³, though general RLSO NW limitations would apply.²⁵

The operation of the Region Legal Service Office Northwest (RLSO NW) serving multiple naval installations in Washington, including Bremerton, Bangor, Whidbey Island, and Everett, illustrates a regionalized approach to naval legal support. This centralized command structure for Navy legal services likely ensures consistent legal assistance policies and services across these diverse naval installations. This approach can lead to more efficient resource allocation and provide a broader pool of expertise for common civil legal issues affecting naval personnel throughout the Pacific Northwest.

Naval Air Station Whidbey Island (Navy)

Naval Air Station (NAS) Whidbey Island hosts a branch of the Region Legal Service Office.²⁹ The office is located at 1045 Midway Street, Building 2739, Oak Harbor, WA 98278.²⁹ The commercial phone number is (360) 257-2126 ²⁹, and the email for services is NW_LA_NASWI@navy.mil.²⁹

Notary and Power of Attorney services are available on a walk-in basis every Monday, Tuesday, and Thursday from 12:00 p.m. to 4:00 p.m..²⁹ All other services are by appointment only and are facilitated virtually via email or phone.²⁹ Deploying personnel and active-duty emergency cases receive priority for appointments.²⁹

The scope of services includes basic wills and estate planning, advance medical directives and health care powers of attorney (prepared with a completed will packet), advice on domestic relations (e.g., divorce, child custody, nonsupport, paternity, limited to uncontested divorces with no drafting of paperwork), military rights and benefits, stepparent adoptions, identity theft and credit report disputes, immigration and naturalization assistance, landlord-tenant relations, indebtedness, and Servicemembers’ Civil Relief Act powers.²⁹

Regarding limitations, walk-in attorney services have been temporarily suspended.²⁹ The office does not draft paperwork for domestic relations issues, and assistance is limited to uncontested divorces.²⁹ The provided information does not explicitly detail other limitations for NAS Whidbey Island.³⁴ For defense services related to criminal charges, service members are advised to contact a separate Defense Service Office detachment in Everett, as civilian criminal charges require a civilian attorney.²⁹

The strong emphasis on virtual and self-help legal resources at NAS Whidbey Island, with legal advice provided remotely by phone and most services facilitated virtually via email, reflects a broader trend in legal service delivery. The provision of tools for individuals to handle uncontested divorces themselves further exemplifies this approach.²⁹

This shift aims to enhance accessibility and efficiency in legal support. However, it also places a greater responsibility on service members to proactively utilize online tools and prepare documents independently, illustrating the evolving nature of legal assistance in the digital age.

Naval Station Everett (Navy)

Naval Station Everett’s Legal Service Office is located at 2000 West Marine View Drive, Building 2000, Room 158, Everett, WA 98207.²⁶ The commercial phone number is (425) 304-4551, and the DSN is 312-3361.²⁶ The office can also be contacted via email at RLSONW_LA_EVRT@navy.mil.²⁵

Operating hours are Monday through Thursday from 8:00 a.m. to 3:00 p.m. (closed for lunch from 12:00 p.m. to 1:00 p.m.), and Friday from 8:00 a.m. to 12:30 p.m. (no walk-in services on Fridays).²⁵ Walk-in notary and power of attorney services are available on Wednesday from 8:00 a.m. to 3:00 p.m..²⁵ Walk-in attorney services for active duty personnel are available on Tuesday from 8:30 a.m. to 10:30 a.m..²⁵

The services provided include consumer/financial affairs, disaster relief support and advice, family law, foreclosure advice and counseling, immigration, notary services, powers of attorney, landlord/tenant matters, Servicemembers’ Civil Relief Act, small claims court matters, victim assistance, and wills/estate planning. Pre-deployment services are given priority.²⁵

Limitations on services at Naval Station Everett include: inability to provide command advice, defense advice (except for civilian misdemeanors), business advice, financial planning advice, drafting of living trusts, court representation (except in extremely unusual cases), telephone advice for retirees requesting wills (who must appear in person for will intake), advice to individuals already represented by an attorney (unless prior approval is obtained), or assistance where a conflict of interest exists (e.g., divorce advice to both spouses).²⁶

The specific designation of “Walk-In Attorney Services (ACTIVE DUTY ONLY)” on Tuesdays at Naval Station Everett, along with the prioritization of pre-deployment services, indicates a focus on supporting the immediate needs of active duty personnel. This approach reflects a broader organizational emphasis on mission readiness and ensuring that those actively serving receive timely legal assistance for critical issues. This prioritization underscores the military’s commitment to maintaining an operational force by addressing the legal needs of its active members promptly.

Fairchild Air Force Base (Air Force)

Fairchild Air Force Base’s Legal Office is located at 1 E. Bong Street, Building 2187, Suite 121, Fairchild AFB, WA 99011.²⁷ The commercial phone number is (509) 247-2838, and the DSN is 657-2838.²⁷ Legal assistance (attorney consultation) is available by appointment only.²⁷

Notaries and powers of attorney are offered on a walk-in basis Monday through Thursday from 9:00 a.m. to 3:00 p.m..²⁷ Basic wills for active duty personnel, their spouses, and retirees are provided by appointment only, requiring completion of an online worksheet beforehand.²⁷ Other legal emergencies are also handled by appointment.²⁷

Eligible beneficiaries include active duty service members, National Guard members and reservists on Title 10 orders, retired service members, and their dependents.²⁸ The highest priority is given to Air Force personnel requiring mobilization or deployment-related legal assistance to facilitate Command readiness.²⁸

Limitations on services include: inability to represent clients in court or administrative proceedings ²⁸, inability to offer confidential legal advice or attorney-client relationships in criminal matters or adverse administrative actions (e.g., LORs, Article 15s) ²⁸, official matters where the U.S. Government has an interest, issues for third parties, ethical conduct issues, Law of Armed Conflict issues, personal commercial enterprises, or private organizations.²⁸ The office also does not draft or review complex real estate documents, separation agreements, divorce decrees, or living trusts, only offering a general review to identify problems or explain the need for civilian counsel.²⁸

Coast Guard Sector Puget Sound (Coast Guard)

The Coast Guard maintains a presence in Washington State, with the 13th Coast Guard District Legal Office located in Seattle. The office can be reached at (206) 220-7110.³⁵ The Thirteenth Coast Guard District Legal Office provides command advice and legal counsel to all operational units within its area of responsibility, as well as to the District Commander. Its staff are experts in Coast Guard authorities and various disciplines of law essential for supporting Coast Guard missions. The office is also responsible for aiding commands in maintaining good order and discipline through the adjudication of non-judicial punishment and the prosecution of Uniform Military Code of Justice violations.³⁷

Coast Guard attorneys provide legal advice and counseling regarding personal legal issues for service members, dependents, and retirees at no cost. These issues may encompass family law, estate planning, consumer law, landlord-tenant relations, and immigration, among other topics.^{38 The Coast Guard Legal Division also delivers legal services in areas such as criminal law/military justice (serving as defense counsel, prosecutors, and military judges), operations (maritime law enforcement, homeland security, search and rescue), international activities, civil advocacy, claims and litigation, and procurement law.19}

The provided information does not explicitly detail specific limitations on legal assistance services for Coast Guard District 13.³⁵ However, based on the general scope of military legal assistance offices, it can be inferred that similar limitations regarding representation in civilian courts or handling of complex criminal defense cases would apply, necessitating referral to specialized defense counsel for such matters.

IV. Prominent Civilian Military Defense Attorneys and Firms Serving Washington State

For service members facing serious allegations under the Uniform Code of Military Justice (UCMJ), particularly those that could lead to a court-martial or significantly impact their military career, retaining civilian military defense counsel offers distinct advantages beyond the services provided by military-appointed attorneys.

Advantages of Civilian Military Defense Counsel

Civilian military defense lawyers offer several compelling benefits:

• Independence from the Military Chain of Command: This is perhaps the most critical advantage. Civilian lawyers operate entirely outside the military hierarchy, which is crucial when challenging potential unlawful command influence (UCI).³ This independence ensures their sole loyalty is to their client, allowing them to aggressively challenge military authorities and procedural errors without fear of reprisal or career implications.²⁰
• Specialized Expertise and Extensive Experience: Many civilian military defense attorneys possess decades of trial experience specifically in military law, often exceeding the experience level of newly assigned military defense counsel.³ Their practice is exclusively focused on military justice matters, allowing them to develop unparalleled insights into niche areas like security clearance hearings or specific disciplinary actions.²⁰
• Early Intervention Capabilities: Civilian counsel can be retained immediately upon suspicion or investigation, even before formal charges are preferred. This early intervention is vital, as military counsel may not be assigned until charges are formally referred, potentially missing critical opportunities to shape the investigation, gather evidence, or advise the client on their rights before any statements are made.³
• Dedicated Client Advocacy and Personalized Attention: Civilian law firms often maintain smaller caseloads compared to military-appointed attorneys, who can be “overworked and thinly stretched”.²¹ This allows for more personalized attention, in-depth case preparation, and greater accessibility, with many offering 24/7 availability for urgent client needs.³
• Broader Range of Legal Services: Beyond direct court-martial defense, many civilian firms can assist with related legal matters, including security clearance cases, administrative separation boards, federal employment defense, discharge upgrades, and even related family law issues.⁴⁵ This comprehensive support ensures all facets of a client’s legal situation are addressed.
• Flexibility in Strategy and Resource Leveraging: Civilian attorneys often adopt a more aggressive defense posture and have greater flexibility in making arguments and filing motions.²⁰ They also typically have extensive networks of expert witnesses and resources that may not be readily available to military-appointed attorneys, which can be crucial in complex cases involving technical evidence.²⁰
• Financial Investment in Long-Term Career Protection: While hiring civilian counsel involves a financial investment, it is often viewed as a strategic decision to protect a service member’s career, retirement benefits, and future earning potential, which can amount to hundreds of thousands or even millions of dollars over a lifetime.⁴⁰

Key Considerations When Choosing Civilian Counsel

When selecting a civilian military defense lawyer, several factors should be thoroughly evaluated:

• Experience with Military Justice: Prioritize attorneys who specialize exclusively in military law and have a proven track record with UCMJ cases, including specific procedures like Captain’s Mast, administrative separation boards, and show cause boards.³⁹
• Track Record of Success: Inquire about their past case outcomes and seek client reviews and testimonials to gauge their effectiveness and reputation within the military community.³⁹
• Communication Skills: Ensure the attorney is transparent, readily available, and can explain complex legal concepts clearly without excessive jargon.³⁹
• Understanding of Military Culture: Lawyers with a military background or deep understanding of military traditions, values, and dynamics can offer a beneficial “inside perspective” and advocate more effectively.³⁹
• Initial Consultation: Utilize free consultations to assess the attorney’s approach, discuss specific case details, and determine if there is a good personal fit and trust.³⁹
• Cost and Fee Structure: Understand the fee structure (flat fees are often preferred for predictability) and ensure transparency regarding all costs.³⁹

Profiles of Prominent Firms/Attorneys with Washington State Presence/Reach

Several prominent civilian military defense attorneys and firms serve military members in Washington State, either through direct presence or a global reach that includes personnel stationed or transiting from the region:

• Gonzalez & Waddington, LLC (Michael Waddington, Alexandra González-Waddington) (https://ucmjdefense.com): This firm, led by high-profile criminal defense attorneys Michael Waddington and Alexandra González-Waddington, has a global reach, defending Army, Air Force, Navy, Marine Corps, and Coast Guard cases worldwide. While based in Florida, their extensive international practice includes locations such as Japan, Korea, and Hawaii, which implies a capability to represent personnel from Washington State who are deployed or involved in cases overseas. They are particularly known for aggressive defense in high-profile court-martials, Article 120 UCMJ sexual offense defense, military sex crimes, and war crimes. Michael Waddington is also a best-selling author of several books on cross-examination and trial strategy, which are used by defense lawyers globally.³
• Jocelyn C. Stewart (UCMJ Defender): Led by a former JAG and retired Lieutenant Colonel, Jocelyn C. Stewart’s firm specializes exclusively in military criminal defense. The firm provides zealous advocacy for service members facing allegations within the military justice system. Her services extend to military members across Washington State, including those at Naval Base Kitsap, Fort Lewis Army Base, Naval Station Everett, Fairchild Air Force Base, and Naval Air Station Whidbey Island. The firm also serves clients overseas in locations such as South Korea, Japan, and Germany, indicating a broad capability to support deployed personnel from Washington. Her practice areas encompass sexual assault allegations, military sex assault defense, courts-martial, court-martial appeals, military medical credentialing actions, homicide, drug, larceny, fraud cases, nonjudicial punishment, rebuttals to letters of reprimand or negative evaluations, administrative separation, boards of inquiry, security clearance denials, discharge upgrades, correction of military records, and various command and Inspector General investigations.⁴⁷
• Military Trial Defenders (Lance Wood, Shea Hoxie): This firm focuses on military trial defense and represents service members globally. They have a physical office in Tacoma, Washington, and explicitly serve military installations in the Puget Sound region, including Joint Base Lewis-McChord (JBLM), Fairchild AFB, Naval Base Kitsap, McChord AFB, NAS Whidbey Island, and Naval Station Everett. The team, with over 40 years of combined experience, specializes in sexual assault and drug offense defense, but also handles courts-martial, administrative actions, and criminal appeals within the military justice system. Lance Wood, a former Air Force JAG officer, has over 20 years of experience as a military defense lawyer. The firm emphasizes flat fee rates, quick responses, and a client-centered approach, and can provide legal representation remotely for deployed or distant clients.⁴⁸
• Court & Carpenter: This veteran-owned law firm, based in Germany, has a notable track record in Washington State, with successful cases at locations such as Fort Lewis, Joint Base Lewis-McChord (JBLM), Naval Air Station Whidbey Island, Naval Base Kitsap (Bremerton, Bangor), and Fairchild Air Force Base. The firm specializes in security clearance cases, separation boards, and federal employment defense, offering elite representation in adverse administrative actions. Their combined military and federal sector experience positions them as a powerful ally in complex administrative law disputes.⁴⁵
• Philip D. Cave: Based in Alexandria, VA, Philip D. Cave’s firm represents service members globally, including those stationed in Korea and the Mid-East, indicating a capacity to serve personnel from Washington on deployment. With over 43 years of experience, he specializes in appellate litigation, military sex crimes, and general UCMJ defense. His extensive background includes roles as a prosecutor, defense counsel, and appellate advocate, and he is a sought-after expert for complex legal motions and appeals.⁵⁹
• Richard V. Stevens: Operating from Washington, D.C., Richard V. Stevens serves military members worldwide, focusing exclusively on military cases. As a former Air Force JAG officer with over 25 years of military law experience, he is known for his careful legal craftsmanship and calm demeanor in complex cases. His practice is dedicated to UCMJ defense, administrative actions, and courts-martial, with a strong emphasis on safeguarding careers and reputations through relentless legal work and strategic defense planning.¹⁷
• Tully Rinckey PLLC: This is a large, nationwide law firm with numerous attorneys, many of whom are former JAG officers. Their global reach, including extensive operations in Europe and Asia, makes them relevant for deployed personnel from Washington. The firm offers a broad range of services, including Article 15 proceedings, whistleblower protection, administrative boards, courts-martial, and military divorce. They are recognized for their aggressive representation across various military legal matters.⁴⁵
• The Hanzel Law Firm (Michael Hanzel): Based in South Carolina, this firm serves clients worldwide, including those in Washington. Michael Hanzel, a former Navy JAG officer, specializes in military whistleblower protection, investigations, and UCMJ violations, with a particular focus on sexual offenses. His experience in both prosecution and defense provides a unique qualification for handling national security and intelligence-related military defense cases.⁴⁵

V. Conclusions and Recommendations

The military legal landscape in Washington State is multifaceted, offering both on-base legal assistance and a robust network of civilian military defense counsel. A critical understanding of this landscape is essential for service members, their families, and associated civilians to navigate legal challenges effectively.

The Uniform Code of Military Justice (UCMJ) is a dynamic and comprehensive legal framework, continuously adapting to evolving military needs and societal standards. Its dual purpose of maintaining justice and ensuring military order means that legal proceedings carry unique implications for a service member’s career and future. The graduated system of courts-martial—Summary, Special, and General—provides increasing procedural protections commensurate with the severity of potential penalties, emphasizing the importance of robust legal representation at higher levels.

Official military legal assistance offices on installations like Joint Base Lewis-McChord, Naval Base Kitsap, Naval Air Station Whidbey Island, Naval Station Everett, and Fairchild Air Force Base, along with Coast Guard Sector Puget Sound, are invaluable resources for civil legal matters. These offices offer support for issues such as family law, wills, and consumer affairs.

However, a crucial distinction exists: these on-base legal assistance offices are generally prohibited from handling criminal matters under the UCMJ, representing clients in court, or addressing adverse administrative actions related to misconduct. This clear division necessitates that service members facing UCMJ violations or criminal charges seek specialized defense counsel. The increasing reliance on virtual and self-help legal services at some installations also places a greater responsibility on service members to proactively engage with available resources.

For complex or high-stakes military justice cases, civilian military defense attorneys offer distinct strategic advantages. Their independence from the military chain of command allows for unconstrained and aggressive advocacy, particularly vital when concerns about unlawful command influence arise. Their specialized expertise, often honed over decades of exclusive practice in military law, coupled with their capacity for early intervention and personalized attention, can significantly alter case trajectories and outcomes.

Recommendations for Accessing Legal Support in Washington State:

1. Seek Immediate Counsel for UCMJ Issues: Any service member suspected of or charged with a UCMJ violation, or facing an administrative action related to misconduct, should immediately exercise their right to remain silent and consult with an attorney. Early intervention by experienced counsel can profoundly impact the outcome.
2. Understand the Scope of On-Base Legal Assistance: For civil legal matters (e.g., wills, powers of attorney, family law advice, landlord-tenant issues), the legal assistance offices at Joint Base Lewis-McChord, Naval Base Kitsap, NAS Whidbey Island, Naval Station Everett, Fairchild Air Force Base, and Coast Guard Sector Puget Sound are excellent starting points. Utilize their appointment systems and, where available, their virtual and self-help resources.
3. Distinguish Between Civil and Criminal Legal Needs: Service members must recognize that on-base legal assistance offices generally cannot provide defense for UCMJ criminal charges or represent individuals in courts-martial. For these matters, specialized military defense counsel is required.
4. Consider Civilian Military Defense Counsel for Serious UCMJ Cases: For charges that threaten a service member’s career, freedom, or benefits, retaining an independent civilian military defense attorney is a strategic decision. When selecting counsel, prioritize those with extensive experience in military law, a proven track record, strong communication skills, and a deep understanding of military culture. Firms Gonzalez & Waddington, Court & Carpenter, Philip D. Cave, Richard V. Stevens, Tully Rinckey PLLC, and The Hanzel Law Firm have demonstrated expertise and reach that includes Washington State.
5. Leverage All Available Resources: Service members should not hesitate to explore both military-appointed defense counsel and civilian options. The decision to augment or replace military-appointed counsel with civilian representation should be made after a thorough initial consultation, weighing the specific needs of the case against the advantages offered by independent counsel.