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# Who Defended Contested Army Article 90 Cases? Defense Counsel Experience, 2023–2026
- URL: https://www.bodiesburied.com/trends/army-article-90-defense-counsel-experience-2023-2026/
- Published: 2026-10-30T05:28:55.000Z
- Updated: 2026-10-30T08:18:32.000Z
- Description: The Army tried 22 contested courts-martial charging Article 90 (disobeying an officer) from January 2023 through June 2026, and every one lists a defense counsel of record. The median prior-case count of the most experienced defense lawyer on each team was 6.5.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Army, Article 90

[Trends](https://www.bodiesburied.com/trends/) › [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) › Article 90, defense counsel

**Short answer:** The Army tried 22 contested courts-martial charging Article 90 (disobeying an officer) from January 2023 through June 2026, and every one lists a defense counsel of record. The median prior-case count of the most experienced defense lawyer on each team was 6.5\. Full acquittals were less common than across contested Army cases, 23% (5 of 22) compared with 40%, and median confinement was longer, 2.5 years compared with 1.5 years.

Based on 22 cases · 2023–2026 · Army records · data updated October 24, 2026

## Fewer Full Acquittals Than the Army Overall

Each of these 22 cases is contested: the accused pleaded not guilty to at least one charge. Only 5 of the 22 ended in a full acquittal, a finding of not guilty on every charge. That is 23%.

For all contested Army cases tried in the same years, the full acquittal rate was 40%.

## Defining a Lawyer's Prior Cases

This page measures experience in a narrow way. It counts the courts-martial a lawyer had already been counsel of record on in this data, on either side, in the Army, before the trial date. Any cases from before the records begin are missing from the count, and the count says nothing about skill.

The records list most defense teams with more than one lawyer and do not name a lead. So each case is placed by the defense counsel of record with the most prior cases. No lawyer is ranked or rated.

## Defense Experience in These 22 Cases

The median prior-case count for the most experienced defense counsel was 6.5\. The 1 to 4, 5 to 9, and 10 to 19 groups each held 7 cases (32%), so no single range accounted for most of the cases.

Just 1 case (5%) had a defense counsel of record with 20 or more prior cases. 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                                         | 7     | 32%   |
| 5 to 9                                         | 7     | 32%   |
| 10 to 19                                       | 7     | 32%   |
| 20 or more                                     | 1     | 5%    |

## Verdict Counts at Each Experience Level

Because the groups hold 7 cases or fewer, the table shows counts rather than percentages. A partial acquittal here means not guilty of at least one charge or specification, but guilty of another.

Where the most experienced defense counsel had 1 to 4 prior cases, 3 of 7 cases ended in a full acquittal and 4 of 7 in a partial acquittal. In the 5 to 9 group, the counts were 1 of 7 full and 4 of 7 partial. The 10 to 19 group had 1 of 7 full and 5 of 7 partial. The single case in the 20 or more group ended in a partial acquittal.

Groups this small can change with one verdict. The records do not show the evidence, plea offers, or who did the work, so the counts describe outcomes and do not show any effect of experience.

| Prior cases (most experienced defense counsel) | Contested cases | Full acquittal | Partial acquittal |
| ---------------------------------------------- | --------------- | -------------- | ----------------- |
| 1 to 4                                         | 7               | 3 of 7         | 4 of 7            |
| 5 to 9                                         | 7               | 1 of 7         | 4 of 7            |
| 10 to 19                                       | 7               | 1 of 7         | 5 of 7            |
| 20 or more                                     | 1               | 0 of 1         | 1 of 1            |

## Confinement After Conviction

When these cases ended in a conviction, the median confinement was 2.5 years. Across contested Army cases in the same years, it was 1.5 years. These are adjudged sentences, as announced at trial and before any plea-agreement cap, clemency, or appeal.

## Size of the Defense Team and the Other Side

Of the 22 cases, 14 listed 2 defense counsel of record, 7 listed 1, and 1 listed 3 or more.

All 22 cases list lawyers on both sides. Comparing the most experienced counsel of record for each, the defense had more prior cases in 11 cases (50%) and the prosecution had more in the other 11 (50%).

## Cases per Year and Law Changes

Most of these cases came early in the period: 12 in 2023, 5 in 2024, 2 in 2025, and 3 in 2026, a partial year.

Since December 28, 2023, special trial counsel, not commanders, have decided whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. For cases where every guilty finding is for an offense after December 27, 2023, the military judge now sets the sentence under new sentencing parameters. Both changes depend on the offense date, which is not in these records, so trials from 2024 on are a mix of cases under the old and new rules.

## Gaps in Coverage

Army records list counsel names nearly completely from 2021, and this page begins two years later so that most lawyers have prior cases counted. Names written in more than one way are merged as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025, mostly by surname, and are not used.

Trial records show the charges, pleas, findings, and sentence. They do not show the evidence, the plea terms, or conduct handled outside a court-martial.

For what the offense covers and how it is defended, see [Article 90 on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-90/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial with trial dates in 2023–2026 that charged Article 90 and had a not-guilty or mixed plea (22 cases). Counsel of record are as listed in the public records.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) (hub)
- [Article 90 (Willfully Disobeying Superior Officer): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-90-courts-martial/) (hub)
- [Who Prosecuted Contested Army Article 90 Cases? Trial Counsel Experience, 2023–2026](https://www.bodiesburied.com/trends/army-article-90-trial-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-107-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-112a-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-115-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-120-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-121-defense-counsel-experience-2023-2026/)
- [Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026](https://www.bodiesburied.com/trends/army-article-128-defense-counsel-experience-2023-2026/)
- [Article 90 explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-90/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.