WICHITA — Dozens of military criminal cases have been thrown into limbo because of a legal challenge over whether Defense Secretary Chuck Hagel improperly appointed a judge to the Air Force's highest court, with attorneys raising questions about the judge's independence.
The military's top court, the US Armed Forces Court of Criminal Appeals, has sent at least 37 cases back to the Air Force Court of Appeals this month that were handled by former Judge Laurence Soybel. Soybel was a civilian when Hagel — who has publicly criticized the Air Force's handling of sexual assault cases — appointed him this summer to help alleviate a mounting backlog of criminal cases.
''The secretary of defense has been making a lot of statements related to sexual assaults, and here he is appointing Judge Soybel at will,'' said attorney Philip Cave, whose client was convicted in a sexual assault case now on appeal. ''That creates not just an appointment problem, but a perception problem of whether or not Judge Soybel will be fair.''
The Air Force insists Soybel, who left the court in October, was unbiased and properly appointed. No hearings have been scheduled in the dispute.
The resulting delays have infuriated attorneys and their clients, many of whom have waited years for their appeals to be heard. Defense attorneys say if dozens of Soybel cases have to be reargued in the lower court, it could add six months to a year to each appeal.