Who Prosecuted Contested Army Article 133 Cases? Trial Counsel Experience, 2023–2025
The Army tried 14 contested courts-martial charging Article 133 (conduct unbecoming) between 2023 and 2025, and 11 of them list a trial counsel of record. The most experienced prosecutor on those teams had a median of 10 prior cases in this data.
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Short answer: The Army tried 14 contested courts-martial charging Article 133 (conduct unbecoming) between 2023 and 2025, and 11 of them list a trial counsel of record. The most experienced prosecutor on those teams had a median of 10 prior cases in this data. Just 1 of the 14 cases ended in a full acquittal (7%), compared with 40% for all contested Army cases in those years.
Prosecutors With 1 to 4 and 10 to 19 Prior Cases
Trial counsel are the prosecutors in a court-martial. Among the 11 cases with a listed trial counsel, 5 (45%) had a most experienced prosecutor with 1 to 4 prior cases. Another 5 (45%) had one with 10 to 19 prior cases.
Only 1 case (9%) had a top prosecutor with 20 or more prior cases. None fell in the 5 to 9 group, and none had a team with no prior cases. At least one trial counsel of record in every case had appeared on an earlier court-martial in the data.
| Prior cases (most experienced trial counsel) | Cases | Share |
|---|---|---|
| No prior cases | 0 | 0% |
| 1 to 4 | 5 | 45% |
| 5 to 9 | 0 | 0% |
| 10 to 19 | 5 | 45% |
| 20 or more | 1 | 9% |
Meaning of a Prior Case
A lawyer's prior cases are the Army courts-martial, earlier than the trial date, on which that lawyer was counsel of record in this data. Defense work and prosecution work are counted together. The count does not measure skill and leaves out anything tried before the records start.
Because the records name no lead lawyer, the case is placed by its most experienced trial counsel of record. This page does not rate or rank any lawyer.
How These Contested Cases Ended
In a contested case, the accused pleaded not guilty to at least one charge. All 14 cases here were contested. A partial acquittal is a finding of not guilty on at least one charge or specification and guilty on another.
In the 1 to 4 group, none of the 5 cases ended in a full acquittal, and all 5 ended in a partial acquittal (5 of 5). The 10 to 19 group had 1 of 5 full acquittals and 4 of 5 partial acquittals. The single case in the 20 or more group ended in a partial acquittal.
The groups are small, and the records leave out the evidence, plea offers, and who did the work. The rows report outcomes only and do not show that experience changed any result.
| Prior cases (most experienced trial counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| 1 to 4 | 5 | 0 of 5 | 5 of 5 |
| 10 to 19 | 5 | 1 of 5 | 4 of 5 |
| 20 or more | 1 | 0 of 1 | 1 of 1 |
Team Sizes and the Defense Side
Of the 11 cases, 6 listed 2 trial counsel of record, 4 listed 1, and 1 listed 3 or more.
Lawyers are named on both sides in 11 cases. The most experienced trial counsel had more prior cases than the most experienced defense counsel in 5 of them (45%). The prosecutor had fewer in 6 (55%).
Years and Counsel Records
The cases were tried from May 2023 through May 2025, with 6 in 2023, 5 in 2024, and 3 in 2025.
From 2021 on, Army records name counsel almost completely. Beginning this page 2 years later lets most lawyers carry earlier cases in the data. A lawyer whose name appears in several spellings is merged as on Learn Your Lawyer. The Navy and Marine Corps are excluded because their records list counsel only from mid-2025, mostly by surname.
New Rules and What the Records Omit
Starting December 28, 2023, special trial counsel instead of commanders decide whether covered offenses such as sexual assault, domestic violence, and murder go forward. When all guilty findings are for offenses after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Without offense dates, the records cannot sort 2024 and 2025 trials into old-rule and new-rule cases.
The records also do not include the evidence, the plea terms, nonjudicial punishment, or administrative separation.
Dates and sources for the law changes mentioned here: UCMJ change timeline.
How We Counted
Army courts-martial with trial dates in 2023–2025 that charged Article 133 and had a not-guilty or mixed plea (14 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 133 (Conduct Unbecoming an Officer): Court-Martial Data and Trends (hub)
- Army Defense Counsel in Contested Article 133 Cases: Prior Cases and Verdicts, 2023–2025
- 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)
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.