The Experience Gap: Defense vs. Prosecution in Contested Air Force Cases, 2020–2026
In 691 contested Air Force courts-martial that list counsel of record on both sides, the most experienced defense lawyer had more prior cases than the most experienced prosecutor in 388 cases (56%) and fewer in 288 (42%).
Understanding Trends in Military Practice · 5 min read
Trends › Counsel Experience › The Experience Gap
Short answer: In 691 contested Air Force courts-martial that list counsel of record on both sides, the most experienced defense lawyer had more prior cases than the most experienced prosecutor in 388 cases (56%) and fewer in 288 (42%). The median prior-case count was 12 for defense counsel and 9 for trial counsel. All 697 contested cases on this page were tried from January 2020 through October 2026.
Defense Counsel Had More Prior Cases More Often
This page compares the two sides of the same cases. For each contested case with lawyers listed for both the defense and the prosecution, it takes the counsel of record with the most prior cases on each side and asks which had more.
Of 691 such cases, the defense counsel had more prior cases in 388 (56%). The trial counsel had more in 288 (42%). The rest were tied.
This is a comparison of counts of earlier courts-martial. It does not show which side was better prepared or more skilled, and it does not show any effect on verdicts.
Meaning of Experience in These Records
A lawyer's experience is the number of courts-martial that lawyer had already been counsel of record on in this data, on either side, in the Air Force, before the trial date. It is not a measure of skill. A lawyer may have tried cases before the records start, and those do not count.
Most cases list more than one lawyer per side, and the records do not say who led. So each side of each case is represented by its most experienced lawyer of record. Nothing here rates or ranks any lawyer.
The Defense Side: A Median of 12
Of the 697 contested cases, 692 list at least one defense counsel of record. The median prior-case count for the most experienced defense counsel was 12.
Nearly all defense teams had someone with earlier cases in the data. The 10 to 19 group held 320 cases (46%), the 5 to 9 group 194 cases (28%), and the 20 or more group 120 cases (17%). Only 55 cases (8%) were in the 1 to 4 group, and just 3 cases had no defense counsel of record with a prior case.
| Prior cases (most experienced defense counsel) | Cases | Share |
|---|---|---|
| No prior cases | 3 | 0% |
| 1 to 4 | 55 | 8% |
| 5 to 9 | 194 | 28% |
| 10 to 19 | 320 | 46% |
| 20 or more | 120 | 17% |
The Prosecution Side: A Median of 9
Trial counsel of record are listed in 694 of the 697 cases. The median prior-case count for the most experienced trial counsel was 9.
Prosecution experience was spread more widely than defense experience. The 1 to 4 group was the largest, with 202 cases (29%), and the 20 or more group had nearly as many, with 197 cases (28%). The 10 to 19 group had 141 cases (20%) and the 5 to 9 group 108 cases (16%). In 46 cases (7%), no trial counsel of record on the team had a prior case in this data.
| Prior cases (most experienced trial counsel) | Cases | Share |
|---|---|---|
| No prior cases | 46 | 7% |
| 1 to 4 | 202 | 29% |
| 5 to 9 | 108 | 16% |
| 10 to 19 | 141 | 20% |
| 20 or more | 197 | 28% |
Contested Cases and Their Sentences
A contested case is one where the accused pleads not guilty to at least one charge, either a not-guilty plea or a mixed plea. Every case on this page is contested.
The median confinement in these contested cases was 1 year. Across all Air Force cases in the same years, contested or not, it was 5 months. Sentences are as adjudged at trial, before any plea-agreement cap, clemency, or appeal.
Cases by Year
The counts begin in 2020 with 109 cases, then 137 in 2021, 124 in 2022, 120 in 2023, 88 in 2024, 71 in 2025, and 48 in 2026, a partial year.
Law Changes Over the Period
The Military Justice Act of 2016 took effect on January 1, 2019. It set fixed panel sizes, created judge-alone special courts-martial capped at six months with no punitive discharge, and introduced written plea agreements. Cases with offenses from before 2019 stayed under the old rules.
Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence under new sentencing parameters. The records give no offense dates, so trials from 2024 on mix old-rule and new-rule cases.
Coverage and Missing Information
Air Force counsel names are nearly complete from 2016, and the page starts two years later so that most lawyers have prior cases in the data. Names written in different ways are merged the same way as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025, mostly by surname, so they are not included.
Air Force records rarely list charges in full acquittals and never report plea agreements. From 2016 to 2019 they rarely list a guilty plea. The records also lack offense dates, the evidence, and plea terms, and they leave out nonjudicial punishment and administrative separations.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Air Force courts-martial with trial dates in 2018–2026 (697 cases, contested only).
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Counsel Experience (hub)
- Air Force Courts-Martial: Data and Trends (hub)
- Bigger Teams for Bigger Cases? Air Force Counsel of Record by Charge, 2018–2026
- First Case in the Data: How Often Was an Air Force Lawyer of Record New? 2018–2026
- Bigger Teams for Bigger Cases? Army Counsel of Record by Charge, 2023–2026
- First Case in the Data: How Often Was an Army Lawyer of Record New? 2023–2026
- The Experience Gap: Defense vs. Prosecution in Contested Army Cases, 2023–2026
- Search every case in Military Trial Results (members)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.