21st TSC lawyers visit state supreme court in Koblenz

The 21st Theater Sustainment Command’s Office of the Staff Judge Advocate, including Col. Claes Lewenhaupt and members of his staff, traveled to Koblenz, Germany, Sept. 20 to visit the Rheinland-Pfalz State Supreme Court.

President of the Court Ralf Bartz invited Colonel Lewenhaupt and the 21st TSC’s OSJA staff after discussing the possibility of meeting together in Koblenz during this year’s Law Day legal liaison event at Kleber Kaserne. The Law Day was hosted by the 21st TSC’s OSJA.  

During the visit, the delegations discussed German and U.S. rules of evidence in criminal cases.

“This was a great opportunity for my officer attorneys to learn about the German legal system, especially from the senior judges, who are responsible for the implementation and oversight of the system,” Colonel Lewenhaupt said. “I think the judges also learned some new perspectives on our system. Maybe most important, though, is that these meetings improved our already very good working relationships with judiciary of Rheinland-Pfalz.”  

The exchange highlighted a significant difference in the two systems’ approaches to the evidentiary issues. In Germany, evidence the U.S. system might otherwise keep from the jury is allowed to come before the court. Under the U.S. system, trial and defense counsel must be very much aware of these exclusionary rules and anticipate their application as they prepare and present their cases.

The chief of justice at the 21st TSC’s OSJA, Maj. Rob Abbott, said the discussions were value added for his prosecutors. 

“This visit was excellent because it helps my trial counsel understand the expectations of German police officers when they are called to testify in a court martial,” Major Abbott said “This gives my team an important new perspective on our different systems.”

Mr. Bartz said he was very pleased with the meeting and discussion.

The 21st TSC OSJA and the Rheinland-Pfalz State Supreme Court should continue discussing and comparing their systems on a regular basis, Mr. Bartz said. 

(Courtesy of 21st TSC OSJA)