United States Army Trial Defense Service
Encyclopedia
The United States Army Trial Defense Service (USATDS or TDS) is an independent unit within the Judge Advocate General's Corps, U.S. Army
, and is part of the US Army Legal Services Agency (USALSA). The TDS motto is "Defending Those Who Defend America."
The Trial Defense Service headquarters is located in Arlington, Virginia, and is headed by a judge advocate Colonel
. TDS headquarters consists of the Chief of TDS, the Deputy Chief, Legal Administrator Warrant Officer, and a number of supporting attorneys, paralegals, and administrative support staff. Under the Chief of TDS, there are nine active duty Regional Defense Counsels (RDC), each responsible for overseeing defense services within their own geographic region (see below). Each RDC oversees several Senior Defense Counsels (SDC), who are in charge of field offices and are responsible for providing defense services for a specific post, command, or area. Some field offices oversee geographically separated branch offices.
All active duty TDS attorneys are assigned to the Trial Defense Service with duty at their particular location. This requires each attorney to be attached for administrative purposes to a local unit. Additionally, even though they are part of a separate command, each TDS office depends on its servicing Staff Judge Advocate for logistical support, to include assignment of paralegal specialists and other support personnel.
Although there are over 200 TDS attorneys in the Active Army, the bulk of TDS is made up of US Army Reserve attorneys and paralegals. The reserve component of the Trial Defense Service consists of the 22nd Legal Support Organization and the 154th Legal Support Organization. The 22nd LSO is responsible for reserve TDS services west of the Mississippi River
(except Minnesota
), Alaska, Hawaii and South Korea; and the 154th LSO is responsible for TDS service east of the Mississippi and in Minnesota, Germany, and Puerto Rico. Both LSOs are divided into teams that are spread throughout their areas of responsibility.
In the Army military justice system, the main decisionmaker is the general court-martial convening authority (GCMCA), usually a division, post, or area commander. Each GCMCA has a Staff Judge Advocate, who serves as the legal advisor to the general. The Staff Judge Advocate also supervises a number of subordinate attorneys assigned to his or her particular unit. Collectively, the attorneys assigned to a particular command are called the Office of the Staff Judge Advocate.
Prior to the late 1970s, the duty of defense counsel was just another assignment within the Office of the Staff Judge Advocate, much like the trial counsel (military prosecutor). To some, this created the appearance of a conflict of interest when two opposing counsel worked within the same office. To others, especially some soldier clients, the fact that their defense counsel wore the same unit patch as the prosecuting attorney and worked in the same building created the impression that their attorney was on the general's side and not theirs.
Between 1978 and 1980, the Army Chief of Staff approved an experimental program to determine whether it would be feasible to create a separate command solely for Army defense counsel. The pilot program was deemed a success, and in December 1980, the Trial Defense Service was born.
Because of the limited number of TDS attorneys (even the Army's largest installation, Fort Hood
, Texas, only has around 10 TDS attorneys), the TDS organization was originally not large enough to have its own unit patch (shoulder sleeve insignia). For 25 years, the TDS "unit patch" was World War II
-vintage patch of the Army Service Forces
. This patch had come to be designated the Department of the Army Staff Support patch and is worn by Department of the Army field operating agencies, including the US Army Safety Center and the Defense Commissary Agency. In August 2006, however, a distinctive unit patch for TDS was approved for wear. From the Institute of Heraldry's description: "The shield-shaped patch reflects the nature of legal defense work. The sword supporting scales of justice represents the unit’s mission to defend soldiers at courts-martial and separations boards; seeking justice for all soldiers. The sword also signifies that Trial Defense Service personnel are soldiers as well as lawyers. The glory, mullet, and the red border are adapted from the Department of the Army Staff Support patch previously authorized for wear by the Trial Defense Service, and provides a historical link to its organizational heritage."
Judge Advocate General's Corps, U.S. Army
The Judge Advocate General's Corps of the United States Army is composed of Army officers who are also lawyers and who provide legal services to the Army at all levels of command. The Judge Advocate General's Legal Service includes judge advocates, warrant officers, paralegal noncommissioned...
, and is part of the US Army Legal Services Agency (USALSA). The TDS motto is "Defending Those Who Defend America."
The Trial Defense Service headquarters is located in Arlington, Virginia, and is headed by a judge advocate Colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
. TDS headquarters consists of the Chief of TDS, the Deputy Chief, Legal Administrator Warrant Officer, and a number of supporting attorneys, paralegals, and administrative support staff. Under the Chief of TDS, there are nine active duty Regional Defense Counsels (RDC), each responsible for overseeing defense services within their own geographic region (see below). Each RDC oversees several Senior Defense Counsels (SDC), who are in charge of field offices and are responsible for providing defense services for a specific post, command, or area. Some field offices oversee geographically separated branch offices.
All active duty TDS attorneys are assigned to the Trial Defense Service with duty at their particular location. This requires each attorney to be attached for administrative purposes to a local unit. Additionally, even though they are part of a separate command, each TDS office depends on its servicing Staff Judge Advocate for logistical support, to include assignment of paralegal specialists and other support personnel.
Although there are over 200 TDS attorneys in the Active Army, the bulk of TDS is made up of US Army Reserve attorneys and paralegals. The reserve component of the Trial Defense Service consists of the 22nd Legal Support Organization and the 154th Legal Support Organization. The 22nd LSO is responsible for reserve TDS services west of the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
(except Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
), Alaska, Hawaii and South Korea; and the 154th LSO is responsible for TDS service east of the Mississippi and in Minnesota, Germany, and Puerto Rico. Both LSOs are divided into teams that are spread throughout their areas of responsibility.
Mission
The Trial Defense Service provides conflict-free legal services to soldiers who are facing adverse criminal or administrative actions at no cost to the soldier. Unlike public defenders in civilian jurisdictions, there is no means test required to determine eligibility; all soldiers are entitled to TDS representation by virtue of being subject to the UCMJ. The various categories of representation fall into three priorities.- Priority 1: Criminal representation at trials by court-martialCourts-martial in the United StatesCourts-martial in the United States are criminal trials conducted by the U.S. military. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice , which is the U.S. military's criminal code...
is the top priority of TDS and takes precedence over all other actions. TDS counsel make motions, voir direVoir direVoir dire is a phrase in law which comes from the Anglo-Norman language. In origin it refers to an oath to tell the truth , i.e., to say what is true, what is objectively accurate or subjectively honest, or both....
the panel, offer evidenceEvidenceEvidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
, examine and cross-examine witnesses, present argument, and negotiate on their client's behalf. - Priority 2: Assistance with administrative separations (actions to discharge soldiers prior to the end of their service), non-judicial punishmentNonjudicial punishmentNon-judicial punishment in the United States military, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial...
s, and summary courts-martial. - Priority 3: All other actions, including advising soldiers of their rights as a suspectSuspectIn the parlance of criminal justice, a suspect is a known person suspected of committing a crime.Police and reporters often incorrectly use the word suspect when referring to the...
and responding to letters of reprimand. Priority 3 actions may also be handled by legal assistance attorneys, depending on the availability of TDS.
History
In the Army military justice system, the main decisionmaker is the general court-martial convening authority (GCMCA), usually a division, post, or area commander. Each GCMCA has a Staff Judge Advocate, who serves as the legal advisor to the general. The Staff Judge Advocate also supervises a number of subordinate attorneys assigned to his or her particular unit. Collectively, the attorneys assigned to a particular command are called the Office of the Staff Judge Advocate.
Prior to the late 1970s, the duty of defense counsel was just another assignment within the Office of the Staff Judge Advocate, much like the trial counsel (military prosecutor). To some, this created the appearance of a conflict of interest when two opposing counsel worked within the same office. To others, especially some soldier clients, the fact that their defense counsel wore the same unit patch as the prosecuting attorney and worked in the same building created the impression that their attorney was on the general's side and not theirs.
Between 1978 and 1980, the Army Chief of Staff approved an experimental program to determine whether it would be feasible to create a separate command solely for Army defense counsel. The pilot program was deemed a success, and in December 1980, the Trial Defense Service was born.
Because of the limited number of TDS attorneys (even the Army's largest installation, Fort Hood
Fort Hood, Texas
Fort Hood is a United States military post located outside of Killeen, Texas. The post is named after Confederate General John Bell Hood. It islocated halfway between Austin and Waco, about from each, within the U.S. state of Texas....
, Texas, only has around 10 TDS attorneys), the TDS organization was originally not large enough to have its own unit patch (shoulder sleeve insignia). For 25 years, the TDS "unit patch" was World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
-vintage patch of the Army Service Forces
Army Service Forces
The Army Service Forces were one of the three autonomous components of the Army of the United States during World War II, the others being the Army Air Forces and Army Ground Forces. They were created on February 28, 1942 by Executive Order Number 9082 "Reorganizing the Army and the War Department"...
. This patch had come to be designated the Department of the Army Staff Support patch and is worn by Department of the Army field operating agencies, including the US Army Safety Center and the Defense Commissary Agency. In August 2006, however, a distinctive unit patch for TDS was approved for wear. From the Institute of Heraldry's description: "The shield-shaped patch reflects the nature of legal defense work. The sword supporting scales of justice represents the unit’s mission to defend soldiers at courts-martial and separations boards; seeking justice for all soldiers. The sword also signifies that Trial Defense Service personnel are soldiers as well as lawyers. The glory, mullet, and the red border are adapted from the Department of the Army Staff Support patch previously authorized for wear by the Trial Defense Service, and provides a historical link to its organizational heritage."
TDS Regions
Currently, the active component of the Trial Defense Service has attorneys and paralegals stationed in nine geographic regions.- Atlantic Region (formerly Region I): Fort Drum, New York, Aberdeen Proving Ground, Maryland, Fort Belvoir, Virginia, Fort Eustis, Virginia, United States Military AcademyUnited States Military AcademyThe United States Military Academy at West Point is a four-year coeducational federal service academy located at West Point, New York. The academy sits on scenic high ground overlooking the Hudson River, north of New York City...
, Fort LeeFort Lee, VirginiaFort Lee is a census-designated place in Prince George County, Virginia, United States. The population was 7,269 at the 2000 census.Fort Lee is a United States Army post and headquarters of the U.S. Army Combined Arms Support Command / Sustainment Center of Excellence , the U.S. Army Quartermaster...
, Virginia, Fort MeadeFort Meade, MarylandFort Meade is a census-designated place in Anne Arundel County, Maryland, United States. The population was 9,882 at the 2000 census. It is the home to the National Security Agency, which is located on the US Army post Fort George G...
, Maryland, and the Military District of WashingtonMilitary District of WashingtonThe United States Army Military District of Washington is one of nineteen major commands of the United States Army. Its headquarters are located at Fort Lesley J. McNair in Washington, D.C...
. - Southeast Region (formerly Region II): Fort Stewart, Georgia, Fort Gordon, Georgia, Fort BraggFort Bragg, North CarolinaFort Bragg is a major United States Army installation, in Cumberland and Hoke counties, North Carolina, U.S., mostly in Fayetteville but also partly in the town of Spring Lake. It was also a census-designated place in the 2010 census and had a population of 39,457. The fort is named for Confederate...
, North Carolina, Fort JacksonFort Jackson, South CarolinaFort Jackson is a United States Army installation, which TRADOC operates on for Basic Combat Training , and is located in Columbia, South Carolina. This installation is named for Andrew Jackson, a United States Army General and 7th President of the United States.-Overview:Fort Jackson was created...
, South Carolina, and Hunter Army Airfield, Georgia. - Mississippi Valley Region (newly created Region): Fort Rucker, Alabama, Fort Benning, Georgia, Fort Knox, Kentucky, Fort CampbellFort Campbell, KentuckyFort Campbell is a United States Army installation located astraddle the Kentucky-Tennessee border between Hopkinsville, Kentucky, and Clarksville, Tennessee...
, Kentucky, and Fort Polk, LouisianaFort PolkFort Polk is a United States Army installation located in Vernon Parish, approximately 7 miles east of Leesville, Louisiana and 20 miles north of DeRidder, Louisiana....
, Louisiana. - Great Plains Region (formerly Region III): Fort Leonard WoodFort Leonard Wood, MissouriFort Leonard Wood is a census-designated place in Pulaski County, Missouri, United States. The population was 13,667 at the 2000 census. It is named in honor of Major General Leonard Wood, who was awarded the Medal of Honor...
, Missouri, Fort Riley, Kansas, Fort Sill, Oklahoma, Fort CarsonFort Carson, ColoradoFort Carson is a United States Army installation located near Colorado Springs, primarily in El Paso County, Colorado. It is north of Pueblo, Colorado in Pueblo County. The 137,000 acre installation extends south into Pueblo and Fremont counties...
, Colorado, and Fort Leavenworth, Kansas. - Southwest Region (formerly Region IV): Fort HoodFort Hood, TexasFort Hood is a United States military post located outside of Killeen, Texas. The post is named after Confederate General John Bell Hood. It islocated halfway between Austin and Waco, about from each, within the U.S. state of Texas....
, Texas, Fort Bliss, Texas, Fort Huachuca, Arizona, and Fort Sam Houston, Texas. - West Region (formerly Region V): Fort Irwin, California, Schofield Barracks, Hawaii, Fort Lewis, Washington, Fort Wainwright, Alaska, and Fort Richardson, Alaska.
- Pacific Rim Region (formerly Region VI): Camp Humphreys, South KoreaCamp HumphreysCamp Humphreys or USAG-H is a medium-sized United States Army garrison located near Anjeong-ri and south of Pyeongtaek metropolitan area in South Korea. Camp Humphreys is located 55 miles south of Seoul and is one of the U.S. Army's fastest growing installations...
, Taegu, South Korea, Yongsan Garrison, South KoreaYongsan GarrisonUnited States Army Garrison Yongsan is located in Seoul, South Korea and is home to the headquarters for the U.S. military presence in Korea, known as United States Forces Korea , as well as the headquarters for the Eighth United States Army and Installation Management Command Korea Region...
, and Camp Casey, South KoreaCamp Casey, South KoreaCamp Casey is an American military camp in Dongducheon , South Korea, north of Seoul, South Korea. Camp Casey was named in 1952 after Major Hugh Boyd Casey, who was killed in an airplane crash near Camp Casey during the Korean War. Camp Casey is one of several U.S. Army bases in South Korea near...
. - Europe Region (formerly Regions VII & VIII). Vicenza, Italy; and BaumholderBaumholderBaumholder is a town in the Birkenfeld district in Rhineland-Palatinate, Germany, in the Westrich, an historic region that encompasses areas in both Germany and France...
, HanauHanauHanau is a town in the Main-Kinzig-Kreis, in Hesse, Germany. It is located 25 km east of Frankfurt am Main. Its station is a major railway junction.- Geography :...
, KaiserslauternKaiserslauternKaiserslautern is a city in southwest Germany, located in the Bundesland of Rhineland-Palatinate at the edge of the Palatinate forest . The historic centre dates to the 9th century. It is from Paris, from Frankfurt am Main, and from Luxembourg.Kaiserslautern is home to 99,469 people...
, MannheimMannheimMannheim is a city in southwestern Germany. With about 315,000 inhabitants, Mannheim is the second-largest city in the Bundesland of Baden-Württemberg, following the capital city of Stuttgart....
, WiesbadenWiesbadenWiesbaden is a city in southwest Germany and the capital of the federal state of Hesse. It has about 275,400 inhabitants, plus approximately 10,000 United States citizens...
, BambergBambergBamberg is a city in Bavaria, Germany. It is located in Upper Franconia on the river Regnitz, close to its confluence with the river Main. Bamberg is one of the few cities in Germany that was not destroyed by World War II bombings because of a nearby Artillery Factory that prevented planes from...
, KatterbachAnsbachAnsbach, originally Onolzbach, is a town in Bavaria, Germany. It is the capital of the administrative region of Middle Franconia. Ansbach is situated southwest of Nuremberg and north of Munich, on the Fränkische Rezat, a tributary of the Main river. As of 2004, its population was 40,723.Ansbach...
, SchweinfurtSchweinfurtSchweinfurt is a city in the Lower Franconia region of Bavaria in Germany on the right bank of the canalized Main, which is here spanned by several bridges, 27 km northeast of Würzburg.- History :...
, Grafenwoehr, and VilseckVilseckVilseck is a town in the Oberpfalz region of northeastern Bavaria, Germany situated on the river Vils, a tributary of the Naab river.The town is geographically separate from a nearby large American military base known as the Rose Barracks but more commonly referred to as Vilseck...
, Germany. - CENTCOM AOR (formerly Region IX). Offices are located in different locations around IraqIraqIraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, Afghanistan, and KuwaitKuwaitThe State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
.