Our #1 Military Justice Story of 2012 was the politicization of the military’s response to sexual assaults, and in that politicization the military sexual assault crisis was born. In the following years we saw a legislative rush to do something, and the Senate held hearings in March and June of 2013 and then a floor debate in 2014. Some of the subsequent changes to the UCMJ were our #1 Military Justice Story of 2013 and our #1 Military Justice Story of 2014.
But in 2015 things settled down.
Sure there were more changes to the UCMJ (enacted in the FY16 NDAA). But those changes are nothing compared to the fundamental transformations enacted in 2013 and 2014. Instead, 2015 was mainly a year of thinking about changes to the UCMJ.
For example, in February the Judicial Proceedings Panel released its initial report making eleven recommendations. Many of those recommendations focused on victims’ rights issues, but the Panel also recommended additional thinking about Article 120 and it formed a subcommittee to do just that. The Judicial Proceedings Panel Subcommittee released its report in December, recommending limited legislative changes (only 7 of the 17 issues warranted changes).
Additional thinking came from the Military Justice Review Group, which released its first report earlier this week. The report consists of a comprehensive evaluation of the UCMJ with detailed proposals to update some Articles, add others, and radically change a few.
These reports were the product of dozens of meetings (public and non-public) and thousands of hours of debate, deliberation, and review. Significantly, they lack the crisis mindset that seemed to permeate military justice policymaking in recent years past. They are deliberate proposals for comprehensive reform that were released to the public with plenty of time for real debate.
Our #1 Military Justice Story of 2015 is basically a non-story. The sky didn’t fall.
Hopefully it’s the beginning of a new trend.