Thanks for joining us , everyone . The Navy Office of Special Trial Counsel ' s main goal is to achieve justice and maintain good order and discipline in the Navy . It operates under the direct supervision of the Secretary of the Navy , giving it the freedom to evaluate each case on its own merits , without any outside influences . The Office of Special Trial Counsel is a global organization with personnel at 10 Navy installations . In the eastern region , there are field offices in Norfolk , Washington , D . C . , Mayport , Groton , Great Lakes , and Naples . In the western region , there are field offices in San Diego , Bremerton , Pearl Harbor , and Yokosuka . The Navy Office of Special Trial Counsel has received full support from the Department of the Navy and JAG Corps leadership . The team has been in place since September 1 and is ready to take on their responsibilities starting on December 28 , 2023 . SENIOR MARINE CORPS OFFICIAL: Thank you for joining us . Our top priority in the Marine Corps is taking care of our service members , which includes keeping them safe and protecting their legal rights . Now we ' ll hear from a senior Marine Corps official . The Office of Special Trial Counsel has 47 lawyers , with 24 certified as Special Trial Counsel . These attorneys have the necessary qualifications and were previously part of the Navy ' s military justice litigation career track . The attorneys are supported by a staff of sailors and civilians serving in administrative roles . This change will provide reassurance to sexual assault victims that their cases will be handled professionally and in line with civilian prosecution standards . SENIOR DEFENSE OFFICIAL 2: Sorry for the phone trouble . Starting on December 28 , there will be a significant improvement in the military justice system . Specially trained military lawyers will now decide whether to prosecute sexual assault and other serious offenses , independent of the chain of command . These lawyers , known as Special Trial Counsel , will also lead the prosecution in court martial cases . The main office is in Washington Navy Yard , led by a Lead Special Trial Counsel and a Deputy Lead Special Trial Counsel . There are two regions , one in Norfolk and one in San Diego , led by Regional Special Trial Counsel . Within these regions , there are 10 field offices , each led by O - 5s or O - 4s . The creation of the Office of Special Trial Counsel , along with other military justice reforms in recent years , will help us do just that . It ' s an investment and a justice system that deserves their trust . The OSTC will also play a crucial role in maintaining our good order and discipline and high personnel readiness , which are already important aspects of our Marine Corps . The Office of Special Trial Counsel operates under the direct supervision of the Secretary of the Navy , without any external influence . This independence allows them to evaluate each case individually and make decisions based on evidence and the law , without any outside pressures . The Marine Corps Office of Special Trial Counsel is a global organization with personnel stationed at 10 Marine Corps installations worldwide . The headquarters , led by a Lead Special Trial Counsel and a Deputy Lead Special Trial Counsel , is located at Joint Base Henderson Hall Fort Myer in the National Capital Region . The Marine Corps Office of Special Trial Counsel consists of 33 Special Trial Counsels who volunteer for the role and possess the necessary education , training , experience , and temperament . They are supported by enlisted and civilian staff at each Office of Special Trial Counsel . The Marine Corps Trial Service Office provides additional support , including general crimes prosecutors and enlisted staff . Since its establishment in July 2022 , the Marine Corps Office of Special Trial Counsel has received full resources and support from the Department of the Navy and Marine Corps leadership . They are ready to take on their responsibilities starting from December 28 , 2023 . Now , I will hand over to the senior official from the Department of the Air Force . Good afternoon , everyone . Happy holidays . The Department of the Air Force Office of Special Trial Counsel ' s mission is to provide expert and independent representation for the investigation and trial level litigation of covered offenses under the UCMJ . Like the other services , we report directly to our Secretary without any intervening authority . We ' re really grateful for the chance to talk about a few things that make our Department ' s organizational structure unique . Starting next week , we ' ll have the power to make decisions about 13 specific offenses under the Uniform Code of Military Justice . And in January 2024 , we ' ll also have authority over sexual harassment . We have Special Trial Counsel stationed at six different locations around the world to handle these cases . Of course , there are more than 14 offenses in the UCMJ , so we ' ve worked hard to create a seamless system for prosecuting them . One way we ' ve done this is by aligning our six districts with the Air Force ' s major commands and the Space Forces field commands . This allows each district to not only handle cases in their specific area , but also track patterns of misconduct and provide training for younger counsel . Each of our 40 OSTC litigators goes through a rigorous selection and training process to ensure they ' re experts in handling complex defense cases . Another important part of our organization is our partnership with law enforcement agencies . We have two special agents from the Air Force Office of Special Investigations who work closely with us . They help us support law enforcement across the board and provide information for investigations from the very beginning . We also work closely with our Wing and Delta legal office personnel partners , from investigation to prosecution . We ' re fully committed to the success of the OSTC and we ' re confident in our ability to carry out our new mission . Thanks again for giving us the opportunity to speak today , and we ' re happy to answer any questions you have . Now I ' ll hand it over to the Senior Army Official . A key part of our approach is our victim engagement plan . We give every victim the chance to meet with our prosecutors and provide input at every important stage of the case . We believe this , along with our independent authority , will help restore trust in the military justice system , for victims and the accused . STAFF: Thanks , everyone , for the overview . Now , let ' s move on to your questions . Please limit it to one question and one follow - up . Meghann Myers from Military Times , you ' re up . SENIOR ARMY OFFICIAL: Hey , this is the Army . Thanks for the question . Let me address that first . We have a process in place to select our lead Special Trial Counsel . We ' ve got eight regional headquarters , six of them in the US and two outside , one in the Pacific and one in Europe . Each of these regional headquarters is led by Lieutenant Colonel Chief Circuit Special Trial Counsel . They directly supervise our Special Trial Counsel prosecutors , noncommissioned officer paralegals , and special victim liaisons at 28 field offices worldwide . Let ' s go into more detail about our Special Trial Counsel prosecutors . We have 65 specially trained and certified prosecutors who handle serious crimes like sexual assault , domestic violence , and murder . Before getting certified , each Special Trial Counsel had to meet experience and training requirements , including passing a certification course . Thanks for giving me the chance to talk about our Office today . I ' m ready for any questions you have . One thing that sets us apart is our independent decision authority . We can evaluate and prosecute cases based on facts and evidence , without outside influence . Our goal is to seek justice in every case . We ' ll analyze the evidence and make decisions on which cases should go to trial , always considering fairness for everyone involved . Q: Thank you . A few weeks ago , the Army had to remove its lead trial counsel due to some past comments . Have you reviewed the selection process for your lead trial counsels and considered their backgrounds , given the Army ' s situation?SENIOR DEFENSE OFFICIAL 2: I ' m sorry , I heard the question was whether the same changes would apply to U . S . military forces deployed outside the United States . STAFF: Okay , thanks . SENIOR MARINE CORPS OFFICIAL: This is the Marine Corps . My answer is the same . The only thing I would add is that any changes directed would be a question for the individual departments . For the Navy and Marine Corps , that would be the Department of the Navy , as well as the Department of Defense . Q: Yes . Thanks for this . I want to inquire if I understand correctly that this reform will be implemented within the military forces deployed outside the United States . STAFF: We have a hotline . SENIOR NAVY OFFICIAL: My answer is the same regarding the promotion selection board process . That was how the lead Special Trial Counsel was selected . Same thing vetted through the process . I ' m not aware of any changes that have been made in reaction to it . So at this stage , I believe the process remains the same , a selection board that ' s routed up through the secretary , and then confirmed by the Senate . Q: Alright . Well , follow up for the Army , who is in charge of the Office now while that process is ongoing? And any of the other military departments , have you sought to undertake any reviews into your selections for your lead trial counsels? SENIOR AIR FORCE OFFICIAL: Okay . Thanks . Yes , and my answer would be exactly the same . We used the normal processes , including checks on any derogatory data that might have prevented promotion . STAFF: Thank you . We will now move on to Anri Higa , Kyoto News . STAFF: The last , the Air Force . Q: Thank you . SENIOR ARMY OFFICIAL: I just want to say , like any unexpected change , this has been a test of our organization ' s resilience . But I ' m happy to say we ' ve passed that test with flying colors . Just to be clear , there ' s been no impact on our ability to start exercising independent authority on December 28 and start doing our jobs . Our team is ready to get to work . And this change has not affected our readiness in any way . So , we ' ve got military forces stationed outside of the US . Did I get that right? Yes . And actually , some of the Offices of Special Trial Counsel will be located outside of the US as well . So maybe it ' s a good idea for someone from each military service to talk about their coverage outside of the US . Let ' s start with the Senior Navy Official . Absolutely . We ' ll have one office in Yokosuka , Japan , which is a major fleet concentration area for us . And then we have another office in Italy , which is also a major fleet concentration area . And outside of the continental US , we also have an office in Hawaii . So between those three offices , we ' re confident we can meet all the needs outside of the continental US . Alright . Thank you . We , the Marine Corps Office of Special Trial Council , will also have offices in Camp Foster , Okinawa , Japan and Marine Corps Base Hawaii . Cases in other areas will be handled through the OSTC headquarters , either by sourcing the Special Trial Counsel from within the headquarters or assigning the case to a team at another location . Thank you . We have a district at Kadena Air Base in Japan that will handle the Pacific , Hawaii , and Alaska . We also have a district in Ramstein that will handle Europe and provide support to the AOR and CENTCOM AOR . However , many of those cases will go back to the districts of the accused , whether stateside or at an OCONUS base where the accused is assigned . Over . Thank you . So we have offices in Hawaii and South Korea responsible for coverage in the Pacific . We also have two offices in Germany and one in Italy responsible for coverage throughout Europe . Thank you . SENIOR DEFENSE OFFICIAL 2: Let ' s start with the Senior Navy Official . In terms of caseload , we looked at the past five years of cases and estimated that each certified counsel will handle around 50 investigations and 8 trials per year . Based on this , we have staffed our busiest offices , such as Norfolk and San Diego , with 10 attorneys each . Our goal is for these offices to clear around 500 cases in a year . Currently , we are on track with these numbers . We have been providing recommendations on cases since September , so we have a good understanding of the workload . However , final decisions are still being made by commanders . Can you each just tell us how many people you have in your office in total? And how many prosecutors specifically? I know most of you mentioned the number of prosecutors , but I just want to know the total number . And in addition to prosecutors , how many other staff members do you have? Also , can you give us an idea of your expected caseload? How many cases are waiting for you to start right now? And can you tell us if you ' re able to start working on those cases right away? Lastly , can you give us an idea of how many cases each attorney will have to handle? Just an estimate of the workload . Thank you . SENIOR NAVY OFFICIAL: Sure . We will have a total of 90 people in our office , with 47 of them being attorneys . Out of those , 24 will be certified attorneys , meaning they will handle cases that are investigated or go to trial . The remaining 23 attorneys will provide support and assist the certified attorneys , as well as train new attorneys . We will also have 26 civilians in paralegal and trial administrative roles , and 17 enlisted sailors who will primarily serve as paralegals . This brings our total to 90 staff members . SENIOR DEFENSE OFFICIAL 2: So , when it comes to the panel size and number of cases , let me break it down . The Navy and Marine Corps decided on the same number of cases for each counsel to handle . We analyzed all the necessary metrics with the Navy to come to this decision . Now , as for the specific numbers , currently we have 64 personnel , including 33 certified Special Trial Counsel . Every judge advocate in the Marine Corps Officer Special Trial Counsel is certified . We don ' t have any non - certified judge advocates in the Office of Special Trial Counsel right now . We plan to add three more judge advocates next year . We also have 14 civilian office administrators and 16 enlisted support staff , who all have military justice backgrounds . Thank you . SENIOR DEFENSE OFFICIAL 2: Now , let ' s talk about the Department of the Air Force . Currently , we have 46 personnel , with 40 being certified STCs . We also have six paralegals and two OSI liaisons . By Fiscal Year 2027 , our manpower will increase to 82 personnel , with 66 certified counsel , including reservists . We ' ll also have 14 enlisted paralegals and two civilians at our headquarters . And yes , we ' ll still have OSI LNOs as well . In terms of our cases , our caseload levels are similar to the previous five years . Ideally , each counsel should handle between eight and 12 cases , and we ' re confident we can meet that . We do have carryover cases that we ' ve been providing advice and support for since June 2022 . Along with any new cases after December 28th , we ' ll continue handling them . Thank you . In terms of caseload , the Army will give you similar numbers . We actually looked at civilian prosecutors ' offices to get some context and best practices . We found that the National District Attorneys Association and other organizations recommend caseloads of around 50 to 70 investigations per year for prosecutors . And around 8 to 12 courts martial per year per counsel . So that ' s how we set up our counsel at different installations . STAFF: Alright , let ' s move on to our next person . Patty Nieberg from Task & Purpose . SENIOR DEFENSE OFFICIAL 2: Sure . I think the difference between certified and non - certified attorneys is mainly a Navy concept . We have the military litigation career track as a baseline in the Navy . That ' s what we determined we needed for certification . So , we currently have 24 certified attorneys , and we plan to certify another 10 this summer once they complete the required training . Installations with a high volume of cases might have three attorneys , while smaller ones might only have one . Some installations don ' t have enough casework to justify a full - time prosecutor , so we ' ll be flexible and have prosecutors assist or try cases at smaller installations as needed . That ' s pretty much it . Thanks . Q: Thanks , everyone . I have two questions . First , can you clarify the difference between certified attorneys and regular attorneys that each service is hiring? And secondly , the Air Force mentioned carryover cases . How will those be handled? Is there a time limit on which cases you ' ll take up that may have existed before the office was fully running and functional? Thank you . Senior Marine Corps Official: As we ' ve been working towards reaching full operational capacity by December 28 , 2023 , and having the OSTC authorities , a lot of prosecutorial litigation expertise has been transitioning to the OSTCs . This ensures that we have experienced and capable prosecutors to handle offenses that occur before the authorities take effect . Senior Marine Corps Official: Yes , they are all certified . Senior Defense Official 2: And Marine Corps , are all of your counselors certified like in the Air Force? Senior Army Official: Yes , they are . Senior Defense Official 2: Yes , please do . Senior Defense Official 2: Got it . And Army , are all your counsels certified? Senior Defense Official 2: And Marine Corps , it seems that the discretionary reach back authority may be relevant here . Could you address that? Senior Air Force Official: Sure . By carryover cases , I mean that our authorities only cover offenses that happen on or after December 28 , 2023 . So anything before that , our advice won ' t have any binding power . Since we have a lot of litigation expertise in the department now , OSTC litigators will assist with those cases . So , I used the term carryover case , but it ' s essentially the same as pre - authority cases . We expect that the OSTC will approve litigation support for those cases . We ' re also providing support to investigations and helping our law enforcement partners with cases that occurred before December 28 . After that day , they will be covered offenses . Over . Senior Marine Corps Official: Sure . I ' ll address both the discretionary reach back authority and the carryover cases . Senior Defense Official 2: Okay , great . Now let ' s address the question about carryover cases . The Air Force brought it up first . Would you like to go first?The Marine Corps decided to let our trial Service Office have access to the Special Trial Counsel who were already part of the Office of Special Trial Counsel . We started doing this right after the Marine Corps Officer Special Trial Counsel was established in July 2022 . Since October 15th of this year , the Marine Corps Officer Special Trial Counsel has been leading the way in handling cases involving covered offenses . This means that the Special Trial Counsel work closely with the criminal investigative office to investigate these cases , which we refer to as commander referred cases . The Marine Corps OSTC also provides advisory input to the commander on these cases , although it is non - binding . As for the discretionary reach back authority , there may be offenses that occur just before the transition of authority , and the services may only find out about them after the transition . In these cases , the expertise needed for the prosecution of victim - based offenses is mostly found within the Marine Corps OSTC .

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