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# The Experience Gap: Defense vs. Prosecution in Contested Army Cases, 2023–2026
- URL: https://www.bodiesburied.com/trends/army-counsel-of-record-gap-2023-2026/
- Published: 2026-10-30T05:29:25.000Z
- Updated: 2026-10-30T05:29:25.000Z
- Description: In contested Army courts-martial from January 2023 through September 2026, the prosecution more often had the lawyer with more prior cases.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Army

[Trends](https://www.bodiesburied.com/trends/) › [Counsel Experience](https://www.bodiesburied.com/trends/counsel-experience/) › The Experience Gap

**Short answer:** In contested Army courts-martial from January 2023 through September 2026, the prosecution more often had the lawyer with more prior cases. Of 383 cases with counsel of record listed for both sides, the most experienced trial counsel had more prior cases in 195 (51%) and fewer in 169 (44%). The median prior-case count was 10 for trial counsel and 9 for defense counsel.

Based on 410 cases · 2023–2026 · Army records · data updated October 24, 2026

## Which Side Had More Prior Cases

For every contested case that names lawyers on both sides, this page takes the counsel of record with the most prior cases for the defense and for the prosecution, then compares the two counts.

That was possible in 383 of the 410 contested cases. The defense counsel had more prior cases in 169 of them (44%). The trial counsel had more in 195 (51%), and the rest were tied.

A higher count means the lawyer had appeared in more earlier courts-martial in this data. It does not mean that lawyer was more skilled, and these figures do not show any link to verdicts.

## Prior Cases as the Measure

Experience 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. Cases a lawyer handled before the records begin are not counted, and the number is not a measure of skill.

Because most cases list more than one lawyer for a side and the records do not identify who led, each side is represented by its lawyer of record with the most prior cases. No lawyer is rated or ranked on this page.

## Prosecution Experience

At least one trial counsel of record is listed in 383 cases. The median prior-case count for the most experienced trial counsel was 10.

The 10 to 19 range had the most cases, 135 (35%). The 5 to 9 range had 94 (25%), the 1 to 4 range 74 (19%), and the 20 or more range 70 (18%). In 10 cases (3%), the prosecution team had no trial counsel of record with a prior case in this data.

| Prior cases (most experienced trial counsel) | Cases | Share |
| -------------------------------------------- | ----- | ----- |
| No prior cases                               | 10    | 3%    |
| 1 to 4                                       | 74    | 19%   |
| 5 to 9                                       | 94    | 25%   |
| 10 to 19                                     | 135   | 35%   |
| 20 or more                                   | 70    | 18%   |

## Defense Experience

Defense counsel of record appear in 384 cases, with a median of 9 prior cases for the most experienced defense lawyer.

The defense counts were grouped more tightly in the middle. The 10 to 19 range had 144 cases (38%) and the 5 to 9 range 131 (34%). Fewer cases reached 20 or more on the defense side than on the prosecution side: 36 cases (9%), compared with 70\. The 1 to 4 range had 66 cases (17%), and 7 cases (2%) had no defense counsel of record with a prior case.

| Prior cases (most experienced defense counsel) | Cases | Share |
| ---------------------------------------------- | ----- | ----- |
| No prior cases                                 | 7     | 2%    |
| 1 to 4                                         | 66    | 17%   |
| 5 to 9                                         | 131   | 34%   |
| 10 to 19                                       | 144   | 38%   |
| 20 or more                                     | 36    | 9%    |

## Confinement in Contested Cases

Every case on this page is contested, which means the accused pleaded not guilty to at least one charge, either fully or through a mixed plea.

The median confinement in these contested cases was 1.5 years. For all Army cases in the same years, including guilty pleas, it was 6 months. Sentences are as adjudged at trial, before any plea-agreement cap, clemency, or appeal.

## Contested Cases per Year

The Army tried 147 contested cases in 2023, 128 in 2024, and 91 in 2025\. The 2026 count of 44 runs through September and is a partial year.

The number of contested cases was lower in each full year than in the year before. The records do not show why, and the experience comparisons above combine all years.

## Changes in the Rules

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. That change affects the prosecution side directly, but the records do not show which cases fell under it.

Also, 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. Both rules depend on the offense date, which the records do not give, so trials from 2024 on mix old-rule and new-rule cases.

## What Is Not in These Records

Army counsel names are nearly complete from 2021\. This page begins two years later so that most lawyers already have prior cases in the data. Names written in several forms are merged the same way as on Learn Your Lawyer. Navy and Marine Corps records name counsel only from mid-2025, mostly by surname, so they are excluded.

Offense dates, the evidence, and plea terms are not in the records. Cases handled by nonjudicial punishment or administrative separation are not included.

Dates and sources for the law changes mentioned here: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial with trial dates in 2023–2026 (410 cases, contested only).

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)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [Bigger Teams for Bigger Cases? Army Counsel of Record by Charge, 2023–2026](https://www.bodiesburied.com/trends/army-counsel-of-record-team-2023-2026/)
- [First Case in the Data: How Often Was an Army Lawyer of Record New? 2023–2026](https://www.bodiesburied.com/trends/army-counsel-of-record-new-2023-2026/)
- [Bigger Teams for Bigger Cases? Air Force Counsel of Record by Charge, 2018–2026](https://www.bodiesburied.com/trends/air-force-counsel-of-record-team-2018-2026/)
- [First Case in the Data: How Often Was an Air Force Lawyer of Record New? 2018–2026](https://www.bodiesburied.com/trends/air-force-counsel-of-record-new-2018-2026/)
- [The Experience Gap: Defense vs. Prosecution in Contested Air Force Cases, 2020–2026](https://www.bodiesburied.com/trends/air-force-counsel-of-record-gap-2018-2026/)
- [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.