Fair, unbiased judgment essential to military justice system

by Brig. Gen. Patrick X. Mordente
86th Airlift Wing commander

In order to clarify my intent and expectations with respect to military justice, I offer the following thoughts to the Airmen of the 86th Airlift Wing and KMC as a whole.

As Airmen, we know good order and discipline are essential to a highly effective military force. The great success our military enjoys is due in no small part to our strict adherence to the laws, rules and standards that govern our actions and behaviors. It’s essential that our justice processes we use to uphold and enforce the law remain completely fair and unbiased in words and deeds.
One of the most sacred roles we take on as military leaders involved in justice processes is our solemn obligation to be completely independent and address each individual disciplinary issue on its own merits.

Although criminal misconduct will not be tolerated, there is no “going rate,” particular forum or expected result for any type of offense. I carefully deliberate every military justice decision that I’m faced with, and I’m not influenced in any way by any senior official in making justice decisions.

Whether you’re a commander or supervisor involved in justice proceedings, a member of court-martial panel, or responsible for investigation and prosecution, you must use your independent judgment without being influenced by any senior official in making your recommendations and decisions. This independence is a critical factor contributing to our justice system being the best in the world. Without this independence, our system absolutely cannot function with any degree of fairness or due process.

Your independent judgment in these matters will never subject you to any negative career repercussions. You must use the law and the facts to make the decisions you deem to be fair and appropriate in every justice matter before you, unaffected by senior official comments and other possible outside influences. I have not and will not ever direct a particular forum or expect a particular result in any case, regardless of the nature of the offense.

The integrity of our justice processes, as referenced in the secretary of defense’s memorandum on this matter, is absolutely paramount, and we cannot afford to have any misunderstanding of my expectations and intent with respect to military justice matters.