A week ago, in this post, I discussed a strongly-worded proposal for greater transparency in the military justice system authored by retired Marine Corps Lieutenant Colonel Robert Bracknell. Jurist.org just published part 2 of that proposal, and it’s available at this link.

In part 2, Lieutenant Colonel Bracknell “critiques exempting military attorney misconduct and judicial misconduct records; including reports of investigations, findings and sanctions, from being released to the public and advocates for legislative changes that promote regulatory systems similar to those employed by the state bars.”

7 Responses to “Continuing the call for greater transparency”

  1. Advocaat says:

    Such records exist?  Must be under the carpet in the Pentagon.

  2. Just Sayin' says:

    I wouldn’t be opposed to applying the same transparency policies to military records as apply to state bar disciplinary records…provided of course that the military afforded its lawyers the same due process protections.  Right now it does not.

  3. Babu says:

    Without naming names, has anyone ever actually filed a complaint against a military judge, and under what circumstances?   Just wondering how big of a universe of records there would even be to make public.

  4. Phil Cave says:


  5. Michael Lowrey says:

    Phil, thanks for the link to that highly interesting document. Unfortunately, TJAG provides no information as to why lawyers were indefinitely suspended. Is it something they did as a lawyer in the military justice system? Or was the TJAG just suspending a lawyer that had otherwise gotten into trouble. An interesting statistic: Of the 39 people on that list, 10 are listed as “esquire”, 15 are reserve officers, and 14 are active-duty officers. I suspect that most of the reserve officers got into trouble with the their state bars over something involved with their private practice and not something military justice related. And an active-duty officer on the list is currently doing time on a CP charge.

  6. Just Sayin' says:

    interesting that 8 of them are within the last 5 years. 
    I know a little of the backstory on a few of these.  some of them are legit…others not so much.

  7. Phil Cave says:

    So on 20 September I submitted a FOIA request to Navy for a copy of the appellate briefs in US v. Torres, decided 28 August.
    As of today, not answered.
    PACER anyone.