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My practice focuses on military law, including court-martial representation, court-martial appeals, clemency and parole, NJP/Article 15, administrative boards, criminal law, investigations, ROTC disenrollment hearings, security clearance appeals, and medical qualification boards. I can represent clients before the U.S. Court of Appeals for the Armed Forces, as well as all military review boards and trial courts.
In 2017, I retired from the Navy Judge Advocate General’s Corps (JAG), after achieving the rank of Captain. Prior to retirement, I was a Senior Military Judge for the Navy-Marine Corps Trial Judiciary, Southwest District, Western Judicial Circuit, in San Diego, where I adjudicated the full spectrum of over 200 felony and misdemeanor criminal cases, including numerous sexual assault, fraud, property crime and drug cases, as well as officer misconduct. I presided over all aspects of the court-martial process. In addition to serving as Trial Judge, I was previously a Senior Appellate Judge on the Navy-Marine Corps Court of Criminal Appeals, adjudicating over 500 criminal appeals. While in the Navy, I prosecuted and defended military members in over 150 felony and misdemeanor cases, with offenses ranging from larceny to murder. I also served as Staff Judge Advocate to numerous flag officers over the course of my career. In 2008, I received the Navy JAG Corps’ certification in the Military Justice Litigation Qualification track.
I received my Master of Laws (LLM) degree in trial advocacy from California Western School of Law and I earned a Certificate in Judicial Development in General Jurisdiction Trial Skills from the National Judicial College. I earned my B.A. from Wayne State University and my J.D. from DePaul College of Law.
Besides my legal work, I have taught at military law symposiums in India and Mexico, and conducted numerous trainings for Navy personnel on the subjects of litigation and Victim-Witness Advocacy. I am a member of the Chicago Bar Association and the San Diego County Bar Association. I serve as a volunteer for the Girl Scouts.
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31 years | 1,000 cases
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Chat withState: Illinois
Acquired: 1995
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420 N. Twin Oaks Valley Road, Unit 2634, San Marcos, CA, 92079
5401 W. Lawrence Ave, Unit 30204, Chicago, IL, 60630
16 Client Reviews
Showing 1 - 1 of 1 review | Litigation
Posted by Tiffany | September 16, 2019 | Hired Attorney | Litigation
PROFESSIONAL, KNOWLEDGABLE, PERSONABLE AND AVAILABLE WHEN YOU NEED HER
I specifically asked for Bethany Payton-O'Brien because of her background as a retired Navy Captain in the Judge Advocate General Corps. I was not disappointed. Bethany spent over 15 hours going through evidence files and was able to corroborate everything that I had said in my statements. She con...
"OUTSTANDING ADVOCATE! I've known and worked with Beth for over twenty years, to include serving as co-counsel on a murder trial. I've worked with her when she was a prosecutor, a defense counsel, a military judge and an appellate judge. She's one of the most passionate, most knowledgable, most skilled attorneys practicing military law! Her breadth of experience, coupled with her tenacity and willingness to do battle on behalf of her clients, makes her my "go-to" choice for anyone needing this type of assistance."
"I've known Beth for over 20 years. We first met as opposing counsel back in Norfolk, Virginia. Although I was a defense counsel and she was a prosecuting attorney; it was clear that justice was her objective and we became close professional colleagues despite our opposing sides. Although our positions have changed over the years including tours as trial and appellate judges; two things that have never changed are her legal prowess and integrity. Beth is a talented litigator who knows a military courtroom and the courts-martial process. And she never wavers from doing what is right and providing the best representation for her client -- it is part of her DNA. Both these attributes made her formidable in her naval service and will serve her well as a civilian attorney."
"I strongly endorse Beth. She is a skilled litigator with an encyclopedic knowledge of military law."
"I wholeheartedly endorse this lawyer. Bethany was trial cousel on a number of cases against me in 2005-2006 while practicing military law in the Southeast. I have seen her in motions practice, direct and cross examination, and sentencing arguments. In each area she was supurb. She was extreemely tenatious and agressive, but wise enough to apply this to the right issue and at the right time. She was also open, receptive, and took the time to consider any and all matters I presented in mitigation and extenuation for my clients. Her knowledge of the law is exceptional and I cannot think of a better counsel to have worked against."
"Bethany Payton-O'Brien is an exceptional attorney with superior expertise in military criminal and administrative law. She passionately and professionally protects the rights of her clients. I highly recommend her to anyone facing a military law matter."
"Bethany is a leader in her field. In addition to her skills as a litigator and trial attorney she also has many years of experience in a diverse number of critical and complex areas. She also practices with the highest degree of professionalism and ethics."
"I have known Beth Payton-O'Brien for over 18 years, and had the pleasure of working with her throughout her outstanding Navy career as a judge advocate. Beth consistently demonstrated the ability to analyze important legal and policy issues related to military justice, and provide recommendations that were always well thought out, principled and fair. Her superb work ethic, unsurpassed professional expertise and committed leadership consistently produced outstanding results for the many service members she served. A superb litigator, Beth is a stellar advocate for her clients. I most strongly recommend her to any one who has military law issues and wants a zealous advocate by their side. Bruce MacDonald Vice Admiral, JAGC, USN (Ret.) Former Judge Advocate General of the Navy"
"I endorse this lawyer. I worked with Beth in numerous capacities throughout my 20-year career as a Navy Judge Advocate. She was one of my supervisory attorneys at the beginning of my career and I tried cases in front of her during her tenure as a Military Judge. Beth was highly regarded throughout the JAG corps as an expert in many areas of military law, but particularly as a zealous advocate and litigator, and a Military Justice expert."
"I have worked with Beth in several capacities: initially, I was one of her supervisory judges; then she was an appellate judge reviewing my trial level decisions; and finally, we were peers as senior trial level judges. Regardless of the capacity, she has always been a consummate professional well-versed in the law! I often sought her sage advice on difficult issues. Highly recommended on any matters related to military justice!"
"I endorse this lawyer. She knows the rights of the accused and can analyze a situation clearly and succinctly in a manner that any client can use to help aid their cause."
"Bethany is an extremely intelligent attorney with a keen wisdom concerning all matters related to military law. As a former Judge in military courts Bethany brings a unique sage knowledge to her practice which will go a long way to helping everyone she represents. I highly endorse this attorney in the strongest possible manner as her tremendous experience is simply unmatched."
"Beth is a fantastic litigator with a peerless knowledge of, not only the military justice system, but also of the mindset of military juries and commanding officers. This unique understanding makes her an exceptionally effective litigator and she has my strongest endorsement in the field of military law."
"Bethany is the consummate professional. She is highly ethical, tenacious, and a brilliant attorney."
"I have known Beth for 25 years, most recently as fellow military judges. She is a dedicated, focused attorney. Her reasoning and research is laser-focused. She quickly identifies issues and a resolves them in the best interest of her clients. Beth's ethics are above reproach and I would highly recommend her to any potential client."
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2020
AV Preeminent Rated, Martindale-Hubbell
2017
Legion of Merit, United States Navy
2013
Legion of Merit, United States Navy
2010
Meritorious Service Medal, United States Navy
2007
Navy Commendation Medal, United States Navy
2006
Navy Commendation Medal, United States Navy
2005
Navy Commendation Medal, United States Navy
2002
Navy Commendation Medal, United States Navy
1999
Navy Commendation Medal, United States Navy
1997
Navy Achievement Medal, United States Navy
2013 - 2017
Senior Military Judge, Navy Marine Corps Trial Judiciary
2010 - 2013
Senior Appellate Judge, Navy Marine Corps Court of Criminal Appeals
2008 - 2010
Military Judge, Navy Marine Corps Trial Judiciary
2005 - 2007
Senior Prosecutor, Region Legal Service Office Southeast
2002 - 2005
Staff Judge Advocate, Commander, Submarine Group TWO
1999 - 2002
Staff Judge Advocate, Commander, Navy Region Northwest
1997 - 1999
Prosecuting Attorney, Trial Service Office East
2019 - Present
San Diego County Bar AssociationMember
2015 - Present
Military Officers Assoc of AmericaMember
2013 - Present
National Association of WomenJudgesMilitary Courts Committee
1995 - Present
Chicago Bar AssociationMember
Conviction
Published opinion
Conviction and Adsep
Conviction and prison
Full Acquittal
2017
Certificate of Judicial Studies
2008
LL.M - Master of Laws
1994
JD - Juris Doctor
1989
BA - Bachelor of Arts
2017
2015
2011
Military Law
2008
English
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