2025 Changes To The UCMJ

As a UCMJ attorney, I am closely following the recent updates to the Uniform Code of Military Justice (UCMJ) brought about by the 2025 National Defense Authorization Act (NDAA). While these reforms aim to enhance the handling of sexual harassment, appeals, and transparency, one critical change that would have ensured a fair trial was unfortunately omitted.

Handling of Sexual Harassment Cases

A significant shift in the UCMJ is the transfer of sexual harassment cases to the Office of the Special Trial Counsel (OSTC). Previously, commanders had the authority to decide whether these cases would proceed to trial. This power has now been centralized within the OSTC, similar to their handling of sexual assault and domestic violence cases in the past year.

For defense attorneys like myself, this means an increase in prosecutions for sexual harassment, a felony under the UCMJ. However, a major fix that could have protected service members was left out. The Armed Services Committee had recommended an amendment to the UCMJ, ensuring that no case could go to trial without sufficient evidence to sustain a conviction. This standard practice in civilian courts is fundamental to due process and prosecutorial ethics.

Omission of Probable Cause Requirement

Despite the Committee’s recommendation, the provision requiring a good faith belief in a conviction beyond a reasonable doubt was cut from the bill. Consequently, commanders and prosecutors can still pursue weak cases with little to no evidence, a practice that would not be tolerated in civilian courts. Service members deserve equal justice under the law, and this omission is a significant setback.

Automatic Appellate Defense Attorneys

On a positive note, the 2025 NDAA introduces automatic appellate defense attorneys. Previously, service members had to request a defense appellate attorney if they wished to appeal their conviction. This change is a much-needed step towards a fairer process, ensuring that all service members have access to legal representation during appeals.

Increased Transparency through Demographic Tracking

For the first time, the military will begin tracking cases on demographics. This initiative aims to provide more transparency and address concerns about whether minority service members are punished more harshly than their white counterparts for the same offense. Additionally, Congress seeks to understand if there are disparities in the treatment of enlisted versus officer service members.

From my experience working with service members, I have observed that minority individuals often face more severe penalties than their white counterparts for similar crimes. Similarly, enlisted personnel tend to receive harsher treatment compared to officers. It will be interesting to see how these demographic trends are reflected in the military justice system.

A Mixed Bag of Changes

While the 2025 NDAA brings some positive reforms to the UCMJ, the omission of a probable cause requirement for trials is a notable oversight. I will continue to provide more content on these changes, as they have significant implications for service members and the military justice process. Ultimately, the 2025 updates to the UCMJ are a mixed bag, and it is crucial to stay informed about their impact.