A component of the United States Army Legal Services Agency, the United Stats Army Trial Defense Service was established in 1980 as an independent Field Operating Agency within the Army’s Judge Advocate General’s Corps to ensure that JAG officers serving as defense counsel had no conflicts of interest while representing Soldiers in courts-martial and other proceedings. A TDS exists at every major Army command.
Because all Soldiers operate Uniform Code of Military Justice, they are guaranteed representation during legal proceedings regardless of their rank or economic status. The most serious of such proceedings is courts-martial, during which the TDS counsel performs all the functions typically associated defense attorneys in civilian courts. These include making motions regarding trial status and evidence admissibility, questioning members of the courts-martial panel to ensure they can render an impartial judgement, calling and examining witnesses and cross-examining prosecution witnesses, and negotiating for reduced charges or sentences on their client’s behalf.
Members of the Trial Defense Service also represent Soldiers during administrative separations, non-judicial punishments, and summary courts-martial in which the basic facts of the case have been agreed upon in advance. They may also advise Soldiers of their rights when they have been selected as a suspect in an investigation.
Related Items
Trial Defense Service Patch (SSI)