THE OKLAHOMA BAR JOURNAL 12 | FEBRUARY 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. “Military justice is to justice what military music is to music.” – Julius Henry “Groucho” Marx1 “If I had an innocent client, I would want that person to be tried in a military court, [where] the accused receives a full and fair trial of the facts.” – F. Lee Bailey, For the Defense (1975)2 PRACTICING CRIMINAL LAW IN MILITARY COURTS IN OKLAHOMA “I agree that it will be a grave error if by negligence we permit the military law to become emasculated by allowing lawyers to inject into it the principle derived from their practice in the civil courts, which belong to a totally different system of jurisprudence.” – Gen. William T. Sherman, 18793 For most criminal law practitioners, their craft is primarily done in the state, federal and municipal courts, and since 2020, it has expanded into tribal courts after McGirt v. Oklahoma. What many may overlook is yet another venue for the criminal defense bar to practice its craft – the representation of a military service member in a court-martial. Oklahoma has long had a deep military connection with a strong military presence within its borders with Fort Sill, Tinker Air Force Base, Vance Air Force Base, Altus Air Force Base and the McAlester Ammunition Depot, as well as numerous Reserve and National Guard units gracing the heartland. While each respective branch of service has its own attorneys in uniform as members of the Judge Advocate General’s Corps (JAG Corps) to represent an accused, service members also seek civilian defense counsel. For the civilian trial lawyer, a working knowledge of the military justice system is an opportunity to “defend those who defend America.” THE FOUNDATIONS OF MILITARY JUSTICE “Military law ... is a jurisprudence which exists separate and apart from the law which governs in our federal judicial establishment.” – Chief Justice Fred M. Vinson, Burns v. Wilson, 346 U.S. 137, 140 (1954) The American system of military justice is older than our federal court system and houses its foundations back to Richard the Lionheart in 1190.4 It is a criminal justice system with worldwide jurisdiction5 over service members on active duty and based on the necessity of “good order and discipline.”6 Jurisdiction of a court- martial depends solely on an accused’s status as a member of the armed forces, not the location or “military nature” of the crime. Military & Veterans Defending Those Who Defend America: Military Justice for the Civilian Lawyer By Robert Don Gifford II
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