United States Army Trial Defense Service - History

History

In the Army military justice system, the main decision maker is the general court-martial convening authority (GCMCA), usually a division, post, or area commander. Each GCMCA has a Staff Judge Advocate, who serves as the legal advisor to the general. The Staff Judge Advocate also supervises a number of subordinate attorneys assigned to his or her particular unit. Collectively, the attorneys assigned to a particular command are called the Office of the Staff Judge Advocate.

Prior to the late 1970s, the duty of defense counsel was just another assignment within the Office of the Staff Judge Advocate, much like the trial counsel (military prosecutor). To some, this created the appearance of a conflict of interest when two opposing counsel worked within the same office. To others, especially some soldier clients, the fact that their defense counsel wore the same unit patch as the prosecuting attorney and worked in the same building created the impression that their attorney was on the general's side and not theirs.

Between 1978 and 1980, the Army Chief of Staff approved an experimental program to determine whether it would be feasible to create a separate command solely for Army defense counsel. The pilot program was deemed a success, and in December 1980, the Trial Defense Service was born.

Because of the limited number of TDS attorneys (even the Army's largest installation, has only over 10 TDS attorneys), the TDS organization was originally not large enough to have its own unit patch (shoulder sleeve insignia). For 25 years, the TDS "unit patch" was World War II-vintage patch of the Army Service Forces. This patch had come to be designated the Department of the Army Staff Support patch and is worn by Department of the Army field operating agencies, including the US Army Safety Center and the Defense Commissary Agency. In August 2006, however, a distinctive unit patch for TDS was approved for wear. From the Institute of Heraldry's description: "The shield-shaped patch reflects the nature of legal defense work. The sword supporting scales of justice represents the unit’s mission to defend soldiers at courts-martial and separations boards; seeking justice for all soldiers. The sword also signifies that Trial Defense Service personnel are soldiers as well as lawyers. The glory, mullet, and the red border are adapted from the Department of the Army Staff Support patch previously authorized for wear by the Trial Defense Service, and provides a historical link to its organizational heritage."

On Memorial Day, 28 May 2012, the U.S. Army Trial Defense Service, CENTCOM Region, officially inaugurated the U.S. Army Trial Defense Service (TDS) Operation Enduring Freedom Camouflage Pattern (OCP “Multicam”) patch. The Department of the Army approved the OCP TDS patch as an official Shoulder Sleeve Insignia (SSI) for the Multicam uniform.