The highly talented officers, lawyers, and jurists from the Army and sister Services formally robed and invested as military judges during the 66th Military Judge Course investiture ceremony held on 13 June 2023 in the Decker Auditorium, TJAGLCS, Charlottesville, VA. (Credit: Billie J. Suttles, TJAGLCS)
Closing Argument
Graduation and Investiture Remarks to the 66th Military Judges Course
By Lieutenant General Stuart W. Risch
On 9 June 2023, Lieutenant General Stuart W. Risch, The 41st Judge Advocate General, U.S. Army, delivered the following remarks to members of the staff and faculty, distinguished guests, and officers attending the graduation ceremony for the 66th Military Judges Course at The Judge Advocate General’s Legal Center and School in Charlottesville, Virginia.1
Good morning, ladies and gentlemen, and welcome to our regimental home. On behalf of our entire regiment, let me extend a very warm welcome to each of you and allow me to give a special welcome to our distinguished guests in attendance: Brigadier General Scott Woodard, Marine Corps Lead Special Trial Counsel; Captain (CAPT) Frank Hutchison, Department of the Navy Acting Chief Judge; CAPT Mike Hollifield, Navy-Marine Corps Court of Criminal Appeals Chief Judge; Colonel (COL) Chuck Wiedie, Air Force Chief Trial Judge; COL Tyesha Smith, Army Chief Trial Judge; CAPT Stephen Adler, Coast Guard Chief Trial Judge; CAPT Stephen Reyes, Navy-Marine Chief Trial Judge; and COL Alyssa Adams, Commander and Chief Trial Judge, 150th Legal Operations Detatchment. Thank you all for your steadfast support of this course and to the trial judges in your respective Services.
Before I begin my substantive remarks, I would like to specifically recognize our very special guests in attendance – the Families and friends of these forty-three highly talented officers, lawyers, and jurists from the Army and our sister Services whom we will formally robe and invest as military judges during this ceremony. These exceptional individuals have arrived at this day because of your support, encouragement, love, care, and belief in them throughout their careers. This ceremony is momentous not only for these future judges, our respective Judge Advocate General’s (JAG) Corps, and our military Services, but also for you, their Families who have sacrificed mightily to allow these officers to serve our great Nation. Thank you for all you have done, and continue to do, for your Service member.
To our distinguished visitors and special guests, you have joined us at the conclusion of perhaps the most academically rigorous and stressful three weeks of our graduates’ careers—the Military Judges Course. This is the 66th iteration of this crucible course, one of our flagship courses here at The Judge Advocate General’s Legal Center and School (TJAGLCS). Our faculty and the respective Services recognize it as a demanding, intense, and unforgiving period of instruction and training. The course is challenging because it has to be. Our Nation, its citizens, and the Military Services all expect the utmost dedication, intellect, and judgment from our military judges. As a result, the services ensure that only the foremost military justice practitioners, possessing premier legal minds and appropriate temperaments, are selected to attend this course.
Most of you in attendance are aware of my interest in, and affection for, history and the significance of certain people, places, and things, particularly concerning today’s event and its location. Admittedly, I would be remiss if I didn’t take an opportunity to briefly discuss some Army JAG Corps history tied to this meaningful ceremony.
It is fitting that this ceremony is being held in Decker Auditorium, which is named in honor of Major General Charles L. Decker—The 25th Judge Advocate General of the Army. He had a significant and lasting impact on military law in the United States, as one of the drafters of the Manual for Courts-Martial,2 both before and immediately after the Uniform Code of Military Justice (UCMJ) was promulgated.3 Major General Decker’s efforts laid the groundwork for Major General Kenneth J. Hodson’s tireless work with the American Bar Association and Congress to make the Military Justice Act of 19684 a reality. As most of those in attendance know, the respective JAG Corps are preparing to embark on the most significant changes in the area of military justice since that 1968 act.
For those who may not be aware, the Military Justice Act of 1968 transformed our military justice system in myriad ways. One of its most revolutionary changes in modernizing the UCMJ was requiring a separate military judiciary.5 It is fitting that we are about to invest forty-three of the military’s finest lawyers as part of that very same military judiciary in an auditorium named for an individual who profoundly impacted military justice. Major General Decker was a trailblazer in many respects, and our Corps owes him a significant debt of gratitude for his devotion to our regiment and his tireless and insightful work in the military justice arena. With that historical backdrop, let us proceed to the business for which we are all in attendance this morning.
We are here to invest these stellar attorneys with an additional office to that of Soldier, officer, judge advocate, litigator, leader, and mentor, which they proudly hold—that of military judge. Investiture is a long-standing tradition that dates to medieval Europe and the feudal system.6 Individuals were invested in an office when they were presented with the symbol and authority of that office during a ceremony. The symbol we use today is the black robe, representing the honors and duties of a judge. The authority we bestow upon them today as judges comes, of course, with additional responsibility. The black robe signifies their role as both a judge and a representative of the law.
The tradition of the black robe for American judges dates to 1801. During his U.S. Supreme Court swearing-in ceremony, Chief Justice John Marshall eschewed the British custom of scarlet robes in favor of a black one.7 Since Marshall’s deliberate decision to break from British legal influence, it has become a tradition that judges throughout the United States don the black robe. In fact, some states have gone so far as to mandate black as the only acceptable color for judges under their purview.8
To our soon-to-be judges, do not let the magnitude of what may at first glance appear to be a simple black robe be lost on you. Former U.S. Supreme Court Justice Sandra Day O’Connor stated that the significance of the black robe for judges is that it “shows that all of us [who wear the robe] are engaged in upholding the Constitution and the rule of law.”9 That is no small task, no easy feat.
The oath these forty-three officers will take in due course is just as important as the symbol and authority conferred. Unlike the oath that we are most familiar with, taken by all officers upon commissioning and often renewed during promotions, the oath these officers are about to take is emblematic of their unique judicial role. They will soon stand before you and take an additional oath, one with the guiding principles of impartiality, their conscience, and the law. This oath complements their commissioning oath, the U.S. Oath of Office.10 Yet, it represents the dual role each of them will have as a U.S. military officer and a judicial officer. The latter role requires them to uphold the law while being guided by impartiality and conscience. The JAG Corps of all Military Services are teeming with proud dual professionals, those who serve the profession of arms and the profession of the law. Still, these forty-three individuals are about to embark on a genuinely uncommon journey within our ranks by becoming members of the Trial Judiciary.
To the graduates: by joining the Trial Judiciary, I know you understand that much is expected of you. Your new roles demand leadership, scholarship, focus, legal precision, and the wisdom of Solomon. Rest assured that each of you possesses the tools and requisite temperament to understand those expectations and to excel in your new duty, even if you may sometimes feel as if the sword of Damocles is precariously ever-present. Military judges have an immense responsibility, for they protect our time-tested military justice system, a legal system unlike any other. Our system ensures good order and discipline for our military, its commanders, and leaders while simultaneously protecting the rights of our Soldiers, Sailors, Airmen, Guardians, Coast Guardsmen, and Marines. Our judges, counsel, and commanders are all part of this vital process. Each must fully and responsibly execute their duties within our system to ensure that the process functions as Congress intended.
The Trial Judiciary has extraordinary powers in our military justice system. Chief among these is the tremendous authority and responsibility to see justice done under the law. In your new roles, you will build precedent for the future, and your cases will become the foundation of the cases that follow. More than most in our ranks, you will shape the law and every practitioner who administers it—a tremendous opportunity, yet simultaneously, an immense responsibility. So please keep in the forefront of your mind, as I know you will, that you have a sacred obligation to do so justly, equitably, and honorably. The authority invested in you is given to only the most trusted officers in the Army and our sister Services.
Who we select to serve as a judge signals the importance each of the respective JAG Corps places on our military justice system. A review of the service records of these forty-three extraordinary individuals about to be invested and their performance in this rigorous course unequivocally establishes that the right people were selected for the military justice system at the right time. Like their brothers and sisters in arms who have served, or are serving, in the Trial Judiciary or appellate courts with the highest distinction before them, I am supremely confident in their ability to fulfill the monumental responsibilities incumbent on their position and further enhance the stature of our military justice system and the Trial Judiciary.
Our military justice system and TJAGLCS both maintain incredibly high standards. You are present in this auditorium today because you are standard-bearers for excellence. Yet, I urge you to remain humble and eager to continue learning and self-developing as you assume this heightened position of stewardship. Each of you now has the opportunity and duty to steward the profession and those who practice in it so that the bench is never empty. That will require your servant leadership. Never forget that the next generation of aspiring judges is looking to you and at you.
The Army Trial Judiciary’s motto, which is emblazoned on the coin that our distinguished graduate will receive, is: “Independent but Invested.” I charge each of you to guard your independence fiercely and to never shirk from your responsibility to train and mentor the future judges practicing before you.
Effectively mentoring future counsel and future judges will necessitate your relentless pursuit of a mastery of the law. You must remain current on the latest developments in the law by reading opinions from across the Trial Judiciary, military appellate courts, and the U.S. Supreme Court. And likewise, throughout your tenure on the bench, ensure you remain ever vigilant to complacency. Relevant case law will change over time, and each case will present different facts, so even if you have presided over dozens of a specific type of case, you must conduct a refresher on applicable case law to make certain you understand the current legal landscape on that issue.
It is your obligation to be the very definition of principled counsel for the judge advocates practicing before you. You will make difficult calls that could lead to staunch criticism from individuals in the media or Congress. You must tune out the noise and focus on each case, following the facts and applying the law to reach the just result. I charge you to remain faithful to what is true, honorable, fair, and just despite the storms that could arise based on your resolute adherence to those noble concepts. There is an adage in the JAG Corps that says, “Every SJA needs an SJA.” I contend that underlying sentiment is just as applicable to the Trial Judiciary in that “every judge needs a judge.” If you are ever in doubt about your contemplated decision or actions, seek principled counsel from your learned colleagues in the Trial Judiciary.
Seek out your colleagues for examples. Yet, do not limit yourself solely to examples of prior rulings. Take a deliberate approach to your methodology, temperament, and conduct, and look to the excellent examples around you to help guide you. These can all help lead you to fair and reasoned decisions, while also shepherding you to appropriate comportment as a military judge. To that end, above all, remain humble. The robe you are about to don provides all the gravitas you will ever need. You were selected for this honor in part because of your experience. Thus, it is expected that you will be far more seasoned in military justice than those practicing before you. Regardless of their respective skill level, treat all counsel entering your courtroom with appropriate respect so that all parties to the case unequivocally know they have equal access to justice.
Undoubtedly, much is expected of you. But each of you has proven yourself worthy of the challenge throughout your career, and you have only further confirmed your bona fides during this course. I am confident your response to the challenge of serving in the Trial Judiciary will be no different. Please know that I am immensely proud to serve alongside each of you.
Finally, by your word and deed, I charge you to follow the law and your conscience and impartially and fairly ensure that your respective trial judiciaries remain true to their highest principles. Thank you in advance for your unwavering commitment to justice.
With that, let’s proceed with robing these forty-three amazing jurists to make their ascension to the bench official. I respectfully request that all in attendance join me in a rousing ovation for these superior officers. Thank you, and I’ll meet you on the high ground! TAL
LTG Risch is The 41st Judge Advocate General of the U.S. Army Judge Advocate General’s Corps at the Pentagon.
Notes
1. This transcript has been edited for brevity and clarity.
2. Manual for Courts-Martial, United States (1951).
3. See Colonel Charles L. Decker, History, Preparation and Processing, Manual for Courts-Martial, United States, 1951, in U.S. Dep’t of Def., Legal and Legislative Basis: Manual for Courts-Martial (1951) (providing a brief history of the preparation of the Manual for Courts-Martial).
4. Military Justice Act of 1968, Pub. L. No. 90-632, 82 Stat. 1335.
5. See id. sec. 2(2), 82 Stat. at 1335.
6. See Robes and Honor: The Medieval World of Investiture (Stewart Gordon ed., 2001).
7. Jean Edward Smith, John Marshall: Definer of a Nation 285-86 (1996).
8. See, e.g., Fla. R. Jud. Admin. 2.340 (2018) (“During any judicial proceeding, robes worn by a judge must be solid black with no embellishment”); Cal. R. Ct. 10.505 (2023) (“The judicial robe required . . . must be black . . . .”); Wis. Sup. Ct. R. 62.02(e) (“Judges shall wear black robes while presiding on the bench . . . .”).
9. Sandra Day O’Connor, Justice Sandra Day O’Connor on Why Judges Wear Black Robes: The Supreme Court Icon Breaks Down the Tradition, Smithsonian Mag. (Nov. 2013), https://www.smithsonianmag.com/history/justice-sandra-day-oconnor-on-why-judges-wear-black-robes-4370574.
10. 5 U.S.C. § 3331.