Bigger Teams for Bigger Cases? Air Force Counsel of Record by Charge, 2018–2026
Across 2327 Air Force courts-martial from 2018 through October 2026, the number of counsel of record changed little from one common charge to another. The average defense team ranged from 1.4 to 1.6 lawyers, and the average prosecution team from 2.1 to 2.3.
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Trends › Counsel Experience › Bigger Teams for Bigger Cases? Air Force Counsel of Record by Charge, 2018–2026
Short answer: Across 2327 Air Force courts-martial from 2018 through October 2026, the number of counsel of record changed little from one common charge to another. The average defense team ranged from 1.4 to 1.6 lawyers, and the average prosecution team from 2.1 to 2.3. Article 120 (rape and sexual assault) cases averaged 1.6 defense counsel and 2.2 trial counsel, while Article 112a drug cases averaged 1.4 and 2.2.
Defense Team Size by Charge
The first table lists the most common charges and the average number of defense counsel of record per case for each. The averages were close together. Article 128 (assault) and Article 120 (rape and sexual assault) had the highest average, 1.6 defense counsel.
The share of cases with 2 or more defense counsel shows more spread. It was highest for Article 128, at 52%, followed by Article 120 at 49%. It was lowest for Article 128b (domestic violence, numbered since 2019), at 33%, and Article 112a (wrongful use or possession of controlled substances), at 38%. Both of those charges averaged 1.4 defense counsel.
Article 134 (general article) and Article 120b (rape and sexual assault of a child) each had 45% of cases with 2 or more defense counsel. Article 92 (failure to obey order or regulation) had 42%, and Article 107 (false official statements) had 40%.
| Charge | Cases | Average defense counsel listed | Share with 2 or more |
|---|---|---|---|
| Art. 112a Wrongful use, possession of controlled substances | 659 | 1.4 | 38% |
| Art. 134 General article | 422 | 1.5 | 45% |
| Art. 92 Failure to obey order or regulation | 297 | 1.5 | 42% |
| Art. 128 Assault | 293 | 1.6 | 52% |
| Art. 120 Rape and sexual assault | 222 | 1.6 | 49% |
| Art. 120b Rape and sexual assault of a child | 150 | 1.5 | 45% |
| Art. 128b Domestic violence, numbered since 2019 | 132 | 1.4 | 33% |
| Art. 107 False official statements | 110 | 1.5 | 40% |
Prosecution Team Size by Charge
Prosecution teams were larger than defense teams for every charge in the table. The average was 2.2 trial counsel of record for most charges. Article 128 had the highest average, 2.3, and Article 128b had the lowest, 2.1.
Most cases on every charge listed 2 or more trial counsel. The share was highest for Article 112a, at 83%, and lowest for Article 128b, at 74%. Article 120 cases had 76% and Article 120b cases had 77%.
| Charge | Cases | Average trial counsel listed | Share with 2 or more |
|---|---|---|---|
| Art. 112a Wrongful use, possession of controlled substances | 654 | 2.2 | 83% |
| Art. 134 General article | 423 | 2.2 | 78% |
| Art. 92 Failure to obey order or regulation | 295 | 2.2 | 80% |
| Art. 128 Assault | 293 | 2.3 | 80% |
| Art. 120 Rape and sexual assault | 222 | 2.2 | 76% |
| Art. 120b Rape and sexual assault of a child | 150 | 2.2 | 77% |
| Art. 128b Domestic violence, numbered since 2019 | 133 | 2.1 | 74% |
| Art. 107 False official statements | 109 | 2.2 | 78% |
Team Size Across All Cases
A single defense lawyer was the most common arrangement: 1297 of the 2310 cases with a defense counsel had just 1 defense counsel of record. Another 878 had 2, and 135 had 3 or more.
The prosecution side looked different. Among 2310 cases with a trial counsel, 1059 had 2 trial counsel of record, 782 had 3 or more, and 469 had 1. In 133 cases (6%), no trial counsel of record on the team had a prior case in this data. The same was true on the defense side in only 10 cases.
What a Team Count Includes
A counsel of record is a lawyer named in the trial record for one side. The records list names but do not say who led a case or how work was divided, so a larger team does not show more work or more resources.
Where this page refers to prior cases, it means the number of courts-martial a lawyer had already been counsel of record on in this data, on either side, in the Air Force, before the trial date. That count is not a measure of skill, and it leaves out cases from before the records begin. Nothing here rates or ranks any lawyer.
The Cases Behind the Tables
Yearly totals were highest at the start of the period, with 368 in 2018 and 346 in 2019, followed by 257 in 2020, 267 in 2021, and 266 in 2022. Both 2023 and 2024 had 225, 2025 had 218, and 2026 had 155 through October.
Of all 2327 cases, 48% were contested, meaning the accused pleaded not guilty to at least one charge. Among contested cases that reached a verdict, 344 of 695 ended in a full acquittal (49%). These are service-wide figures, not rates for any charge in the tables.
Rule Changes in the Period
On January 1, 2019, the Military Justice Act of 2016 took effect. It fixed panel sizes, created judge-alone special courts-martial capped at six months with no punitive discharge, and brought in written plea agreements. Cases with offenses from before 2019 kept the old rules.
Since December 28, 2023, special trial counsel rather than commanders decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. If every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. These records give trial dates, not offense dates, so later trials mix cases under the old and new rules.
Coverage Notes
Air Force counsel names are nearly complete from 2016. This page starts in 2018 so most lawyers have earlier cases in the data. Names spelled several ways are merged 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, and from 2016 to 2019 they rarely list a guilty plea. Nonjudicial punishment, administrative separations, the evidence, and plea terms are outside these records.
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 (2327 cases).
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)
- First Case in the Data: How Often Was an Air Force Lawyer of Record New? 2018–2026
- The Experience Gap: Defense vs. Prosecution in Contested Air Force Cases, 2020–2026
- 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.