On 27 December 2023, each branch of the military officially stood up their Office of the Special Trial Counsel (OSTC). These offices are made up of specially trained JAGs with exclusive authority over “covered” offenses. Covered offenses are primarily personal violence offenses specifically including sexual assault. The OSTC for each service is responsible for prosecuting those offenses at general and special courts-martial. Beginning on 28 December 2023, commands are required to report covered offenses to their service’s OSTC for disposition.
The establishment of the OSTC coincides with the introduction of several other substantial reforms in military justice. These reforms encompass the adoption of a new sentencing system, featuring military judge-alone proceedings with specified parameters and criteria. They also involve granting accused service members greater access to the appellate court, expanding notification rights for crime victims, implementing a randomized selection process for service members assigned to court-martial panels, and enhancing resources and request procedures for defense counsel. These comprehensive changes to the military justice system were mandated and endorsed by the National Defense Authorization Acts for Fiscal Years 2022 and 2023, as well as the Independent Review Commission on Sexual Assault in the Military led by the Secretary of Defense. Collectively, these alterations mark the most significant transformation of the system in over seven decades.
Grover H. Baxley is the founding attorney of JAG Defense and a former active duty judge advocate in the Air Force. In 2005, Mr. Baxley chose to leave active duty and dedicate 100% of his civilian law practice to military and security clearance law. He has zealously represented thousands of members of all military branches around the world in matters ranging from minor administrative actions to courts-martial.
