Gagne, Scherer & Associates

Shaw AFB UCMJ Lawyer

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Shaw Air Force Base is in Sumter, South Carolina, about forty miles east of Columbia. It’s home to the 20th Fighter Wing, the Air Force’s primary Suppression of Enemy Air Defenses wing, which flies F-16CM Fighting Falcons. Shaw is also the headquarters of Ninth Air Force (Air Forces Central). The wing deploys frequently; in 2025 it conducted its largest deployment in more than thirty years.

For UCMJ issues, Shaw falls under Air Force Office of Special Trial Counsel District 1 at Joint Base Langley-Eustis.

Shaw AFB Docket Activity

In mid-summer 2026, Shaw had as many docketed courts-martial as any base in the Air Force. From 2024-26, it had more courts than any other base.

The court-martial docket and Shaw’s disciplinary action reports show a high ratio of covered offenses:

Past trial results include:

  • Guilty findings on Article 120b child-sex offenses
  • Multiple domestic-violence cases under Article 128b
  • A steady volume of Article 112a drug cases, including cocaine urinalysis courts-martial
  • Lower-level special courts-martial and nonjudicial actions for related misconduct

Child-sex and child-pornography cases, sexual-assault allegations, domestic violence, and drug cases usually make up the bulk of Shaw’s docket.

In addition to the docket, Shaw publishes a running list (incomplete and not up-to-date) of sexual-misconduct disciplinary actions showing multiple Article 134 sexual harassment cases resolved by reprimand or administrative discharge; several Article 120 abusive sexual contact cases handled at Article 15 or by letter of reprimand; and at least two general courts-martial resulting in confinement and punitive discharges for Article 120b offenses involving children.

The Sumter area and Shaw in particular see a high volume of ICAC and CSAM investigations at Shaw (military, state, and law enforcement agencies). We published a guide for Shaw Airmen on how those cases typically develop. You can read more here: ICAC Stings at Shaw AFB and Other Military Bases.

Article 120 cases are common at every US military installation. At Shaw they make up a sizable share of the docket, and the docket doesn’t even show all the cases that get resolved short of a court-martial. Gagne, Scherer & Associates provides two longer discussions of those issues here:

Whether a urinalysis case is worth hiring civilian counsel depends on the drug, the concentration of the drug (the nanogram level), the member’s rank and time in service, and whether the command is pushing for a board or a court-martial. We cover those issues here: Can Civilian Counsel Help with My UCMJ Urinalysis Case?

When to Hire a Civilian Lawyer for a Shaw Case

If you have the funds to do it, you should hire an experienced civilian military lawyer if you’re under investigation by OSI or the subject of a command investigation, or any litigated board or court-martial.

The need is heightened if you’re suspected of any of OSTC’s covered offenses, like those involving ICAC/CSAM, Article 117a, Article 119b, Article 120, Article 120c, Article 128b, or Article 133.

OSTC doesn’t keep many cases for itself but any covered offense that has corroborating evidence has a good chance of at least getting to the Article 32 preliminary hearing stage.

The traditional defense playbook is to stay out of sight and silent while the investigation is pending. That’s the wrong approach in the OSTC era. OSTC has exclusive authority over the most serious UCMJ cases and decides whether a case stays with them or gets deferred back to the command for a lower form of resolution. Waiting and staying out of sight only increases the odds the case will be sent to a court-martial. Unfortunately, most attorneys still use this approach. The better move is for your attorney to make contact with OSTC as early as possible, check in with them often, and provide any favorable evidence ahead of the charging decision. OSTC is always looking for a good reason to defer a case, and a skilled attorney finds a way to give it to them.

Some cases don’t require that degree of expertise. A urinalysis positive for THC will be resolved with NJP or an LOR, followed by an administrative separation the member is often not in a position to challenge. An ADC is perfectly competent to handle that kind of case. Article 92 actions for things like Failure to Go, violation of a no-contact order, or other minor misconduct usually don’t justify the cost of hiring a civilian lawyer.

FAQs by Military Personnel Facing Charges at Shaw AFB

Can a civilian attorney represent me at Shaw AFB without an office in Sumter?

Yes. UCMJ procedure is the same at Shaw as at every other Air Force installation. Gagne, Scherer & Associates spends a lot of time in the Carolinas for cases at Shaw, Charleston, Seymour Johnson, Parris Island, Beaufort, Fort Bragg, Camp Lejeune, Cherry Point, and across the Georgia border at Hunter Army Airfield. One unique aspect of military law is that physical proximity to the base is often not required. When in-person representation is necessary (court, board, hearing), the attorneys travel to the base. That goes for civilian attorneys, OSTC, and some ADCs.

What happens when OSTC defers a Shaw case?

Once OSTC D1 determines a covered offense doesn’t meet the standard for prosecution, the criminal case is over. Under current Air Force Court of Criminal Appeals (AFCCA) precedent, the Shaw SJA and convening authority can’t repurpose the same underlying conduct (actus reus) into a non-covered lesser offense (such as Article 128 assault or Article 134 disorder) to force a Special Court-Martial. Unless the Court of Appeals for the Armed Forces (CAAF) resolves the current inter-service split on this issue differently, jurisdiction returns to the base legal office strictly for administrative disposition, such as a Letter of Reprimand (LOR) or an administrative separation board. Because the burden of proof at a discharge board drops to a “preponderance of the evidence,” cases dropped by OSTC frequently become contested separation boards.

Does an ADC have enough experience to defend ICAC and CSAM cases at Shaw?

No. Appointed counsel and local civilian attorneys see far fewer ICAC and CSAM cases than firms that handle them regularly across multiple installations and jurisdictions. In fact, very few firms specialize in this kind of case and most actively avoid taking them unless they’re desperate for clients. Any case with a child victim can be emotionally challenging, and child sex offense cases are typically complex on a number of levels. CSAM and other ICAC cases involve complicated investigated processes, tip sources (ISPs and others) that do their own sleuthing, task-force coordination, forensic delays at out-of-state labs, and technical and medical defenses that have evolved over many years. Gagne, Scherer & Associates has defended these cases in military court for decades and has written extensively on how the investigations develop, how long the forensic process takes, and which defenses have the best potential under a variety of scenarios. Some appointed counsel are capable enough to get a client through one of these cases, but they can’t match a firm that handles them as a core practice area.

Does the volume of ICAC and CSAM cases at Shaw influence defense strategy?

Yes. The high number of these investigations means OSI and OSTC District 1 are in frequent communication with each other. A defense attorney’s early contact with prosecutors before a charging decision is almost always more useful than hiding in the shadows and waiting for charges to come. It helps develop rapport that will pay off over the course of the case, and it’s usually the only way to get information over the long months of the investigation. OSI won’t keep you informed and your command will pretend not to know anything. It’s also a way to get favorable information to the decision maker that OSI might not relay before sending up its report (if ever).

Do Airmen always need to hire a civilian military lawyer for a urinalysis case at Shaw?

No. Many junior enlisted members facing a positive urinalysis are processed administratively with an article 15 or LOR and aren’t board-entitled. In those situations, the ADC is usually sufficient. A civilian military counsel becomes essential when a court-martial or board is happening, or any time a member is under investigation. An experienced attorney will be particularly useful for any case or investigation involving a covered offense.

A DCSA agent wants to interview me about my security clearance. Should I talk to them?

No. In midsummer of 2026, DCSA began aggressively contacting military personnel (who have security clearances) who show up on law enforcement reports. International, federal, state, or military investigative entries trigger the need for DCSA to “interview” members under DCSA’s continuous vetting program. The agent, a civilian with no law enforcement status or training, will contact the member directly, usually by email, without first alerting OSI, OSTC, or the member’s chain of command. They will assure the Airman it’s not a law enforcement interview, which is technically true. They won’t give a rights advisement. And then they will try to discuss the alleged criminal activity underlying the investigative report. Anything the member says will be put into the agent’s report and then routed upwards within DCSA. Inculpatory information (confessions/admissions) can and almost certainly will be relayed to law enforcement. If you don’t cooperate, your clearance will be in peril, a process that will take several months to complete, but if you’re suspected of a crime, your security clearance isn’t your primary concern. If you get contacted by DCSA, consult with an attorney before agreeing to be “interviewed.”

Gagne, Scherer & Associates: Experienced Shaw AFB Lawyers

Gagne, Scherer & Associates has defended Airmen at Shaw and across ACC and other District 1 bases for more than twenty years. If OSI has contacted you, or you are under investigation for a covered offense, call us at (224) 935-6172 before you talk to anyone else.

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We represent active duty, reserve, and guard personnel only. We do not handle any veterans issues, requests to upgrade discharges, or matters related to family law.