Annual Report of the Code Committee on Military Justice for FY 2005

Army judges continue to preside over high pr<strong>of</strong>ile cases, including thosearising out <strong>of</strong> detainee operations in Iraq and Afghanistan. Reservemilitary judges presided over a number <strong>of</strong> complex Article 32 hearings,including cases in which a capital referral was contemplated. One capitaltrial was completed; Sergeant Akbar received a death sentence in a FortBragg court-martial in April 2005.Military judges continued to play an active role in <strong>the</strong>ir militaryand civilian communities, speaking to college audiences, local barassociations, state bar continuing legal education courses, and to <strong>the</strong>National Association <strong>of</strong> Women Judges about <strong>the</strong> military justice system.TRIAL DEFENSE SERVICEThe U.S. Army Trial Defense Service (USATDS), a criminal defenseorganization for Soldiers consisting <strong>of</strong> approximately 130 active componentand 170 Reserve component personnel, provided high quality, pr<strong>of</strong>essionaldefense counsel to Soldiers throughout <strong>the</strong> Army from 63 active dutyinstallations and 54 Reserve locations worldwide. USATDS counsel defendedSoldiers facing <strong>the</strong> entire range <strong>of</strong> allegations under <strong>the</strong> Uniform <strong>Code</strong> <strong>of</strong>Military Justice.USATDS detailed one or more counsel to all Army special and generalcourts-martial referred in FY 05. USATDS counsel also carry a largeworkload in addition to representation at courts-martial. That additionalSoldier support in <strong>the</strong> last six fiscal years follows.FY00 FY01 FY02 FY03 FY04 FY05Administrative 597 826 918 1,215 830 885BoardsNonjudicial 30,633 35,786 40,769 39,382 38,429 36,216PunishmentConsultations 24,051 33,546 37,476 36,382 39,882 39,895USATDS defended deployed forces around <strong>the</strong> world in Iraq, Kuwait,Afghanistan, Central Asia, Bosnia, and Kosovo. A provisional TDS Region,known as Region IX, was established in 2003, and it now includes 22 TDSattorneys and 11 paralegals located in 5 field <strong>of</strong>fices and 6 branch <strong>of</strong>ficesthroughout Iraq, Kuwait, and Afghanistan. Despite <strong>the</strong> hazardous duty andaustere environment, Region IX TDS counsel are providing <strong>the</strong> highestquality advocacy for deployed Soldiers, including representation at courtsmartial,administrative boards, and o<strong>the</strong>r military justice actions.Currently, one defense counsel stationed in Kosovo defends Soldiers inKosovo and Bosnia.6