While not shocking in light of prior studies of the MilJus system, if the Judicial Proceedings Panel‘s April 2017 report recommendations are followed, the services will need to make an investment of money and training in the MilJus system. The report is essentially an update/supplement to prior recommendations in the JPP Subcommittee Report on Military Defense Counsel Resources and Experience in Sexual Assault Cases (Dec. 9, 2016). The JPP’s April 2017 report is based in part on the JPP Subcommittee’s site visits to service prosecution and defense offices. The Executive Summary states:
The JPP deliberated on the Subcommittee’s report and had the opportunity to question the JPP Subcommittee members who attended the installation site visits. As a result of this deliberation, the JPP’s report summarizes and adopts the information presented by the Subcommittee, provides additional information from Service responses to a JPP request for information, and adopts the Subcommittee’s recommendations, with modifications.
The JPP makes four recommendations in the area of defense counsel resources and experience, several of which had—in some form—been recommended by its predecessor panel, the Response Systems to Adult Sexual Assault Crimes Panel (RSP) in its June 2014 report to Congress. The JPP recommends that the Services provide independent defense investigators, ensure sufficient staffing and resourcing of Service defense offices, place expert witness approval and funding authority in the Service defense organizations, and ensure that lead defense counsel in sexual assault cases have sufficient litigation experience, setting a minimum tour length for defense counsel of two years.
The report is available here. [Updated link to the JPP’s Report on Military Defense Counsel Resources and Experience in Sexual Assault Cases and updated post to reflect some of the JPP’s statements]