Army Defense Counsel in Contested Article 131b Cases: Prior Cases and Verdicts, 2023–2026
From 2023 to 2026, the Army tried 30 contested courts-martial charging Article 131b (obstruction). Defense counsel of record are listed in 28, and the most experienced defense lawyer had a median of 9 prior cases.
Understanding Trends in Military Practice · 5 min read
Trends › Counsel Experience › Article 131b, defense counsel
Short answer: From 2023 to 2026, the Army tried 30 contested courts-martial charging Article 131b (obstruction). Defense counsel of record are listed in 28, and the most experienced defense lawyer had a median of 9 prior cases. Comparing the most experienced lawyer on each side, the defense had more prior cases in 13 cases (46%) and fewer in 13 (46%).
An Even Split Between Defense and Prosecution
In 28 cases, lawyers are listed for both the defense and the prosecution. The prosecutors are called trial counsel. The most experienced defense counsel of record had more prior cases than the most experienced trial counsel in 13 cases (46%), and fewer in 13 (46%). The other cases were tied.
The comparison uses only the lawyers named in the records. It does not show which lawyer examined witnesses or argued the case, or how the work on each team was shared.
Meaning of Prior Cases
Each lawyer's prior-case count is the number of Army courts-martial in this data where that lawyer was counsel of record before the trial date, on either side. It is a count, not a judgment of skill. Cases a lawyer handled before the records begin are not counted.
Defense teams often list more than one lawyer, and the records do not mark a lead. So each case is placed by its most experienced defense counsel of record. The page does not rate or rank any lawyer.
Defense Experience Across the 28 Cases
The median prior-case count for the most experienced defense lawyer was 9. The 5 to 9 group and the 10 to 19 group held 10 cases each (36% each).
The 1 to 4 group held 5 cases (18%), and the 20 or more group held 3 (11%). In every case, at least one defense counsel of record had a prior case in this data.
| Prior cases (most experienced defense counsel) | Cases | Share |
|---|---|---|
| No prior cases | 0 | 0% |
| 1 to 4 | 5 | 18% |
| 5 to 9 | 10 | 36% |
| 10 to 19 | 10 | 36% |
| 20 or more | 3 | 11% |
Verdicts by Experience Group
All of these cases were contested, meaning the accused pleaded not guilty to at least one charge. The verdict table covers the 28 that reached a verdict and list a defense counsel. A partial acquittal means not guilty on at least one charge or specification and guilty on another.
In the 5 to 9 group, 30% of the 10 cases ended in a full acquittal and 70% in a partial acquittal. In the 10 to 19 group, both rates were 40%. In the 1 to 4 group, 2 of 5 ended in a full acquittal and 3 of 5 in a partial acquittal. In the 20 or more group, 2 of 3 ended in a full acquittal.
Each group has 10 cases or fewer. The records do not show the evidence, plea offers, or who did the work, so the rows describe outcomes rather than an effect of experience.
| Prior cases (most experienced defense counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| 1 to 4 | 5 | 2 of 5 | 3 of 5 |
| 5 to 9 | 10 | 30% | 70% |
| 10 to 19 | 10 | 40% | 40% |
| 20 or more | 3 | 2 of 3 | 0 of 3 |
How Many Defense Lawyers Were Listed
Of the 28 cases, 17 list 2 defense counsel of record. Another 7 list 1, and 4 list 3 or more. Teams with more than 1 lawyer are grouped by the lawyer with the most prior cases.
Confinement and Discharges
The median confinement after conviction was 1.9 years. Across all contested Army cases in 2023–2026, the median was 1.5 years. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.
Of convicted enlisted members, 67% received a punitive discharge, about the same as the 68% for all contested Army cases. A punitive discharge is a bad-conduct discharge or a dishonorable discharge. Members without one in the sentence can still face administrative separation.
Trial Dates and Sources of Counsel Names
The cases were tried between January 2023 and May 2026. There were 7 in 2023, 12 in 2024, 5 in 2025, and 6 in 2026, a partial year.
Army records include counsel names nearly completely from 2021 onward. This page starts two years later so that most lawyers have earlier cases in the data. Names written in several ways are merged as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025, mostly by surname, and are not part of this page.
Rules in Effect and Data Limits
Since December 28, 2023, special trial counsel, not commanders, decide whether covered offenses such as sexual assault, domestic violence, and murder are prosecuted. And for cases where every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Without offense dates, trials from 2024 on cannot be sorted by rule.
These records show only cases that reached a courtroom. Nonjudicial punishment, administrative separation, and cases with no action are not included. The evidence and plea terms are not described.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army courts-martial with trial dates in 2023–2026 that charged Article 131b and had a not-guilty or mixed plea (30 cases). Counsel of record are as listed in the public records.
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)
- Article 131b (Obstruction, Numbered Since 2019): Court-Martial Data and Trends (hub)
- Army Trial Counsel in Contested Article 131b Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026
- Search every case in Military Trial Results (members)
Compare: federal court. Obstruction of Justice: Federal Sentences vs. Army Courts-Martial
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.