Prior to the establishment of the United States Army Trial Defense Service in 1980, the job of serving as defense counsel for Soldiers facing criminal or administrative actions was just another duty assignment for members of the Officer of the Staff Judge Advocate at various commands, similar to acting as a prosecutor in a proceeding. Such a system naturally caused defendants to feel their counsel might be engaged in collusion with the prosecutor or prosecutor’s staff since they did essentially work side by side in the same command.
Following a two-year test program to test the practicality of creating a separate command system for defense counsel, the Army approved the establishment of the Trial Defense Service (TDS), creating a separate organization for defense counsel to create confidence that they would always act with the best interest of their Solider-clients in mind. The TDS is an independent Field Operating Agency of the U.S. Army Judge Advocate General's Corps, and is also included as part of the Army's Legal Services Agency. Its motto is "Defending Those Who Defend America."
Because of the relatively small number of personnel serving in the Trial Defense Service, the Arm did not create a Shoulder Sleeve Insignia, or unit patch, for wear by those serving in it; instead, they wore the World War II-era insignia created for the Army Service Forces. In 2006, however, the Army approved the TDS insignia, which features the familiar scales of justice supported by a sword, which symbolizes both the agency’s task of defending Soldiers at courts-martials and other administrative boards as well as the fact that members of the TDS are Soldiers as well as lawyers. The glory (cloud), mullet (star), and the shield’s red border are taken from the old insignia’s design.
Related items
Trial Defense Service Combat Service ID Badge (CSIB)