Army Trial Counsel in Contested Article 92 Cases: Prior Cases and Verdicts, 2023–2026
Among 38 contested Army courts-martial charging Article 92 (orders violation) from 2023 to July 2026, 34 list a trial counsel of record.
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Trends › Counsel Experience › Article 92, trial counsel
Short answer: Among 38 contested Army courts-martial charging Article 92 (orders violation) from 2023 to July 2026, 34 list a trial counsel of record. The median prior-case count of the most experienced prosecutor on those teams was 11.5, and the prosecution had more prior cases than the defense in 18 of 34 cases (53%). Full acquittals were 21% (8 of 38), compared with 40% across contested Army cases.
A Median of 11.5 Prior Cases
Trial counsel of record appear in 34 of the 38 cases. For the most experienced trial counsel on each of those teams, the median count of earlier courts-martial in this data was 11.5.
The counts were spread widely. The 1 to 4 and 10 to 19 groups each had 10 cases (29%). The 20 or more group had 8 cases (24%), and the 5 to 9 group had 5 cases (15%). In 1 case (3%), no trial counsel of record had a prior case in this data.
| Prior cases (most experienced trial counsel) | Cases | Share |
|---|---|---|
| No prior cases | 1 | 3% |
| 1 to 4 | 10 | 29% |
| 5 to 9 | 5 | 15% |
| 10 to 19 | 10 | 29% |
| 20 or more | 8 | 24% |
What the Prior-Case Count Measures
Experience, as used here, is the number of courts-martial a lawyer had already been counsel of record on in this data, on either side, in the Army, before the trial date. That number is not a measure of skill. Any cases from before the records begin are not part of it.
Since the records list several prosecutors on most cases and do not say who led, each case is grouped by its trial counsel of record with the most prior cases. The page does not rank or rate any lawyer.
Prosecution and Defense Side by Side
In the 34 cases with lawyers listed on both sides, the most experienced counsel of record for each side were compared. The trial counsel had more prior cases in 18 cases (53%) and fewer in 16 cases (47%).
Acquittals by Prosecution Experience
For the 34 contested cases that reached a verdict and list a trial counsel, the table shows how many ended in a full acquittal (not guilty on every charge) or a partial acquittal (not guilty on at least one charge or specification, guilty on another).
The 1 to 4 and 10 to 19 groups had the same figures: 20% full acquittals and 80% partial acquittals. In the 20 or more group, 1 of 8 cases ended in a full acquittal and 4 of 8 in a partial acquittal. The 5 to 9 group had 1 of 5 full and 3 of 5 partial. The 1 case with no prior-case trial counsel ended in a full acquittal.
The table describes outcomes only. The records do not show the evidence, plea offers, or who did the work, so they cannot show any effect of experience.
| Prior cases (most experienced trial counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| No prior cases | 1 | 1 of 1 | 0 of 1 |
| 1 to 4 | 10 | 20% | 80% |
| 5 to 9 | 5 | 1 of 5 | 3 of 5 |
| 10 to 19 | 10 | 20% | 80% |
| 20 or more | 8 | 1 of 8 | 4 of 8 |
How Article 92 Cases Ended Overall
A case counts as contested when the accused pleads not guilty to at least one charge. In the 38 contested Article 92 cases, 8 ended in a full acquittal (21%). The rate for all contested Army cases in the same years was 40%.
After conviction, 48% of enlisted members received a punitive discharge, compared with 68% for contested Army cases. A punitive discharge means a bad-conduct discharge or a dishonorable discharge for enlisted members, and sentences here are as adjudged at trial.
Prosecution Team Size
Of the 34 cases with a trial counsel, 26 listed 2 trial counsel of record, 5 listed 3 or more, and 3 listed 1.
Year Counts and the Law
The 38 cases ran from January 2023 through July 2026: 15 in 2023, 13 in 2024, 7 in 2025, and 3 in 2026, which is not a full year.
Two changes apply to part of this period. Starting December 28, 2023, special trial counsel make the decision to prosecute covered offenses, such as sexual assault, domestic violence, and murder, in place of commanders. When every guilty finding in a case is for an offense after December 27, 2023, the military judge sets the sentence under new sentencing parameters. These records lack offense dates, so trials from 2024 on cannot be sorted into old-rule and new-rule cases.
Coverage Limits
Army counsel names are nearly complete from 2021, and this page starts in 2023 so most lawyers have prior cases behind them in the data. Names spelled 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, so they are not used here.
Only cases that reached a courtroom are counted. Cases resolved by nonjudicial punishment, administrative separation, or no action are absent, and the evidence and plea terms are not described.
For what the offense covers and how it is defended, see Article 92 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Army courts-martial with trial dates in 2023–2026 that charged Article 92 and had a not-guilty or mixed plea (38 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 92 (Failure to Obey Order or Regulation): Court-Martial Data and Trends (hub)
- Who Defended Contested Army Article 92 Cases? Defense Counsel Experience, 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
- Article 92 explained on the law firm's website
- 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.