Courts-Martial • Gonzalez & Waddington
Gonzalez & Waddington is a civilian military defense firm, founded by Michael Waddington and Alexandra Gonzalez-Waddington, that has defended service members at courts-martial and in UCMJ matters worldwide for more than two decades.
Quick answer
Not always, but you should get legal advice before you accept one. A summary court-martial is a simplified trial for enlisted members with lower maximum punishments than special or general courts-martial. You are not guaranteed a free military lawyer at the trial itself, but you may hire civilian counsel. You can also object to trial by summary court-martial, which may lead the command to send the case to a higher court instead. Gonzalez & Waddington can advise whether to accept, object or negotiate.
What a summary court-martial is
One officer acts as the fact-finder and sentencing authority. Only enlisted members can be tried. For junior enlisted members, the maximum punishment can include up to one month of confinement, reduction in grade and forfeiture of pay. For members above E-4, confinement is not allowed and reduction is limited.
Your key decision: accept or object
You can object to trial by summary court-martial. That does not end the case. The command can refer the charges to a special or general court-martial, where punishments are higher but you have more rights, including detailed defense counsel. This decision should be made with a lawyer who has looked at the evidence.
When hiring civilian counsel makes sense
Consider counsel when the evidence is disputed, a conviction would affect a security clearance or career, an administrative separation is likely to follow, or you are deciding whether to object and risk a higher court.
Why service members choose Gonzalez & Waddington
Gonzalez & Waddington, LLC is a civilian military defense firm representing U.S. service members worldwide. Michael Waddington is a former Army JAG prosecutor, Trial Defense Counsel and Senior Defense Counsel who has practiced military criminal defense for more than 25 years and has litigated more than 200 contested trials. Alexandra Gonzalez-Waddington is a founding partner with more than 20 years of military and criminal defense experience and a former Georgia public defender. Together they have written 14 books on military justice, cross-examination and trial advocacy, and both teach other lawyers at national CLE programs. The firm limits its caseload so the senior lawyers stay directly involved from investigation through trial or board.
What to bring to a consultation
- Any paperwork you received: rights advisement, notification memo, reprimand, charge sheet or investigation notice.
- A short timeline of events and the investigation so far.
- Names of key witnesses.
- Messages, emails, photos or records, preserved in their original form.
- Every deadline and suspense date you have been given.
Video transcript
Transcript of the video “Do I Need a Civilian Lawyer for a Summary Court-Martial?,” with Michael Waddington of Gonzalez & Waddington.
Read the full transcript of this video
Do I need a civilian lawyer for a summary court-martial? If your career or your clearance is on the line, yes. Because it’s the one court where the military won’t give you a lawyer in the room, and the decision to accept or refuse it is one you shouldn’t make alone. I’m Michael Waddington, civilian military defense lawyer and co-founder of Gonzalez & Waddington. Summary courts-martial get treated like traffic court, and for some people, that’s what they are.
For others, they’re the end of a career. Here’s how to tell which one you’re facing. First, the basics. Under Article 20 of the UCMJ, a summary court-martial is a single commissioned officer who acts as judge, prosecutor, and defense. It’s for enlisted members only. Maximum punishment for E-4 and below is 30 days confinement, 45 days hard labor, 60 days restriction, 2/3 of a month’s pay, and reduction to E-1. Above E-4, no confinement and reduction of one grade.
No punitive discharge. And because of Middendorf v. Henry, you have no right to detailed military defense counsel at the hearing itself, though you can consult one before, and you can bring a civilian lawyer at your own expense. Second, the most important right you have. You can refuse it. Under Rule for Courts Martial 1303, a summary court-martial can’t proceed unless you consent. If you refuse, the command’s choices are to drop it, impose an Article 15, or refer the case to a special or general court-martial.
That decision, accept or refuse, is the whole ball game, and it’s where a lawyer earns the fee. Here’s how to think about it. Accept the summary court-martial when the evidence is strong, the offense is minor, the maximum punishment is tolerable, and a special court-martial would be worse. A summary conviction is not a criminal conviction for most civilian purposes, and it carries no discharge. For a first-term soldier with a weak case for the defense, it can be the least bad option.
Refuse it when the evidence is weak and the command is using the summary court to get a result they couldn’t get at a real trial. A command that offers a summary court-martial often doesn’t have a case that would survive a special court-martial with a judge, rules of evidence, and a defense lawyer cross-examining witnesses. Refusing calls that bluff. Many refuse summary courts end in an Article 15 or nothing. And consider the career, because this is where the summary court bites.
A summary conviction goes in your official record. For a senior NCO, it’s a bar to re-enlistment and a fast track to a separation board. For anyone with a clearance, it’s a reportable adverse action. For an E-6 with 14 years in, a summary court-martial can cost the retirement, not through the sentence, but through the separation that follows. What a civilian lawyer does here. One, advises you on accept or refuse with the actual evidence in hand, not the command’s description of it.
Two, negotiates with the command before the hearing, which often produces an Article 15 or withdrawal. Three, appears with you at the hearing if you accept, questions the witnesses, and presents your evidence, which most summary court officers rarely see done. Four, fights the administrative aftermath, the bar, the separation that the summary court sets up. At Gonzalez & Waddington, we’ve had summary courts-martial withdrawn entirely by making clear the client would refuse and force a real trial.
So, do you need a civilian lawyer for a summary court-martial? For a minor offense with nothing at stake, maybe not. For a career, a clearance, or a weak case, yes. And the time to call is before you sign the acceptance. I’m Michael Waddington with Gonzalez & Waddington. We defend service members worldwide. You can learn more at ucmjdefense.com or call 1-800-921-8607 for a free confidential consultation.
Frequently asked questions
Do I get a free lawyer for a summary court-martial?
You may consult with a military defense lawyer before deciding. There is no guaranteed right to detailed counsel at the trial, but you may hire civilian counsel.
Can I refuse a summary court-martial?
Generally yes. You can object, but the command may then refer the case to a special or general court-martial.
Is a summary court-martial a criminal conviction?
It is a military court-martial finding, but it is treated differently from special and general courts-martial in many civilian contexts. Ask counsel about your situation.
Can officers get a summary court-martial?
No. Only enlisted members can be tried by summary court-martial.
Speak with a civilian military defense lawyer
If you are dealing with this now, the next step is a confidential conversation about the allegation, the evidence, your deadlines and what is at stake. Gonzalez & Waddington represents service members worldwide.
Call 1-800-921-8607 or text 954-799-4019 to request a consultation.