The Twentieth Annual Kenneth J Hodson Lecture Military Justice for the 1990's-A Legal System Looking for Respect The Twentieth Annual Kenneth J Hodson Lecture Military Justice for the 1990's-A Legal System Looking for Respect

• Author: David A. Schiueter
• Pages: 01

THE TWENTIETH ANNUAL

KENNETH J. HODSON LECTURE:

A LEGAL SYSTEM LOOKING FOR RESPECT

MILITARY JUSTICE FOR THE

1990's-

by Douid

A.

Schlueter

Professor

of

Law,

St.

Mary's

L'nioersity

The

Kenneth

J,

Hodson

Chair

of

Criminal

Lax'

cas

established

at

The

Judge Advocate General's School

on

June

24,

1971.

The

chair

was

named

after

Mq'm

General Hodson,

who

served

as

The

Judge

AdvocateGenrralfm

1967to 1971.

GeneralHodsonretiredin1971.

but

immediately

was

recalled

to

actiee duty

to

sm,e

as

the

Chiej

Judg~"fth~A-yCourt~f.~ilit~~y~~'i~w

Heservedtnthatposi-

tzon until

March

1974

Gewol

Hodson smed

over

thzrty

years

on

actit'e

duty

Durtng

that

time,

he

u'as

actiue

zn

the Amerzcon and

Federal

Bar

Associations

and

he

authored muck

of

the

military

justice

legzslation existing today He

icas

a

member

of

the

onpnal

staff

and

faculty

of

The

Judge Aduocate General's

School

in

Char-

lofteszille,

Virginia.

When

the

Judge

Adomate General's

Corps

U.US

acfiwzted

as

a

regiment

m

1986, General

Hodson

was

selected

a6

the

Homrary

Colonel

of

the

Carps.

On

Manh

28,

1991,

pmis.scr

Schlueter

delivered

the

tirentietk

Ken-

neth

J

Hodson

lecture prsfessor

Schlueter received his

B.A.

fmm

lbm.8

A

&

M

Uniuersity

in

1969, hu J.D

jrm

Baylor

L'ntuersity

Schwl ofLawinlY71,

andanLL.M

fm

the L'niuersityofvirginia

School

qfhw

m

1981.

He

sewed

on

actiw

duty

as

ajudge

advocate

fm

1972 to 1981.

Projessor

Schlueter

is

a

Lzmtenant

Colonel

in

the

Vnited

States

Army

Reserve

and is

an

individual mobilization

aupk%teeto

TheJu~Adz;oeateGerwal'sSchool.

He haspublished

n2~wm-m.s

book

and

law

rasieu:

artzctes

on

mmtnal

law

tope

and

is

currently

the

Reporterjor

the

Federal

Rules

Advisory

Committee

om

the

Rules

ojCnminal

Pmcedure. In

addition,

Pmfeessor

Schlueter

has

held

several

pmmznent

positions

in

pmfesszonal

legal orgonizo-

ttom

and

currently

is

the Chaiman ofthe

ABA

Standing

Commit

tee

on

Miltta1.y

Law

I. INTRODUCTION

It

1s

a

double honor to be this year's Hodson lecturer First.

I

have

the

highest

regard

for

General

Hodson

I

always

have

respected

General Hodson

and

his

contributions

to

the

JAG

Corps

and the legal

profession

in

general.

As

some

of

you

may be aware. he has been

I

MILITAKl

LAM

KE\

IEM

[\<>I

13.1

LCI) active

in

the

American

Bar

Association

I

regret that he

15

not

able

to

he

with

us

today. Second being here today bnngs back

pleas

ant

and

warm

memories

In many ways thc School

ii

my second home.

and it

IS

always good

to

b?

hark among friends

In

home respects

I

have

been

preparing my remarks for this

occa-

ZLOLI

for

almost

twent)

years

In

the

process

of writing and talking

about military JUStICC.

I

haTe had

numerous

opportunities

to

think

about.

or

as

Justice

Holmes wrote.

'

broad" about the

law

Etents

wch

as

the annual Hodson

Lecture are

good

for

the system

because

they provide

an

opportumty

to

step aside from the everydag huitle

and

hustle of the practice of

law,

and to think

for a

moment

about

the

larger

pictur?

Today. that

larger

picture IS "Military Justice

for

the

IN0

s and

its

search

for

a

little

respect

I

have the highesi respecr for the

milltar)

justice

iydtem

In

my

\leu.

it

has

man)

features that should be adopted bg the

civilian

criminaljumce system For example. features such

as

broad Criminal

discover).. speed) trial provisions and worldwide access

to

witnesses

and

counsel

hare led people like

F

Lee

Bailey,

a

noted criminal

defens?

lan)er,

LO

obserie

the

due

and benefits of military

JUStlCe

But

the

ohject

of

m)

time with you This

mammng

1s

not

10

praise

the milltar) justice s)stem.

I

am

sure

)ou

already knoa

that

the

system

E

sound.

Rather,

I

uould like

to

discuss nith

you

u

hat

seems

to

me

to he

a

lack

of

respect

for

the system

by

the public and the

legal

profess,on

generally

Because

I

hare high regard

for

the system. and hecaus?

it

has

been

a

large

part

of

m)

legal

career,

I

am

disturbed when

I

hpar

from thwe

who have

no

respect

for the

system

Haa

much have you heard about military

justice

from

those

OW

side

the system-

I

know that my

expos~~rc

to the CritlCiSmS of mllirar?

justice

was

extremelg limited

in

the early gears of

m)

senice

011

ar-

tire duty,

I

was

too

wrapped

up

m

the day-to-day grind of writing

appellate briefs. post~trial re~iews, and

trying

case-

to

reall)

spend

too

much time thinking

about

the s)stem

hlg

first

real

exposure

na5

m

my third )ear

on

actlie

duty when

I

heard that

a

writer

had cum

pared militar)

ptm

to

military

music

AT

abour the

same

time

I

became

aware

that my sraffjudge advocate at Fort BeI\olr, Lieuten-

ant

Colonel

Roherr Poydasheff,

was

co-authoring

an

article

with

Lieutenant

rolnnel

Bill

Surer

for the

Tulane

Law

Rerieir

on

the

mPrltS

of

the mlllraly Justlie system

~

'POuiaihPff

d

i

4q

ill,

L

lie\

id8

2