Justice in Uniform: Judge Advocates Established for Army

William Tudor got the worst job in the Continental Army: prosecuting fellow soldiers while Britain still controlled Boston. Washington needed someone to handle courts-martial on July 29, 1775, because desertion cases were piling up and discipline was collapsing. Tudor, a Harvard-educated lawyer, became America's first Judge Advocate at $34 a month. He'd prosecute 32 cases in his first six months, including death penalty trials for men who'd fought beside him. Every army since has needed lawyers to judge its own. Tudor was born in Boston in 1750, the son of a successful merchant, and studied law under John Adams before joining the revolutionary cause. His appointment as Judge Advocate of the Continental Army was one of Washington's earliest personnel decisions, reflecting the general's understanding that military discipline could not be maintained without a functioning legal system. The Continental Army was plagued by desertion, insubordination, and theft from its earliest days, problems exacerbated by short enlistment periods, irregular pay, and the democratic temperament of citizen-soldiers who were unaccustomed to military hierarchy. Tudor's role required him to serve simultaneously as prosecutor, legal advisor to courts-martial, and administrator of military justice. He handled cases ranging from desertion and sleeping on sentry duty to theft and assault, imposing punishments that included flogging, imprisonment, and, in the most serious cases, execution by firing squad. Tudor served until 1778, when he resigned over disputes about his authority and compensation. The Judge Advocate General's Corps that descended from his appointment now employs over 9,000 military lawyers across all branches of the U.S. armed forces, providing legal counsel, prosecuting courts-martial, and advising commanders on the laws of armed conflict.