David A. Schlueter

Biography

Schlueter received his B.A. degree from Texas A&M University in 1969 and his J.D. degree from Baylor University School of Law in 1971. In 1981, he received his LL.M. from the University of Virginia. He served on active duty as an Army JAG Corps officer from 1972 until 1981 and, during that time, served as an appellate counsel at the Army’s Government Appellate Division as Chief of Criminal Law at Fort Belvoir, Virginia, and as a faculty member in the Criminal Law Division at the Army’s Judge Advocate General’s School in Charlottesville, Virginia.

He resigned his regular Army commission in 1981 to accept an appointment by Chief Justice Burger to the office of legal counsel to the Supreme Court of the United States. In that position, he provided general and special counsel advice to Chief Justice Burger, the Court and the individual Justices. He retired with the rank of Lieutenant Colonel in 1997 from the United States Army Reserve, JAGC.

In 1983, Schlueter accepted a position on the law faculty at St. Mary’s University in San Antonio, Texas, where he has taught evidence, trial advocacy, constitutional law, criminal law and criminal procedure. He served as an Associate Dean for Academics from 1984 until 1989. He served as the Director of Advocacy Programs from 1999 to 2017 and as the Hardy Professor of Trial Advocacy from 2000 to 2017. In 2002, he was named an Outstanding Law Faculty member.

From 1988 to 2005, he served as the Reporter to the Federal Rules of Criminal Procedure Advisory Committee, a position to which Chief Justice Rehnquist appointed him. He is a fellow in the American Law Institute and is a Life Fellow of the American Bar Foundation and the Texas Bar Foundation. He is regularly listed in Marquis’ Who’s Who in America and Who’s Who in American Law.

Schlueter’s publications include numerous law review articles and 12 books. In addition, he has two self-published texts which he uses in his courses. His articles and books have been cited over 1,500 times by state and federal courts (including the Supreme Court of the United States) and legal commentators.

Schlueter is currently serving as an Expert Consultant to the United States Court of Military Commissions Review.

He has been married to Linda L. Schlueter, President of Trinity Legal Center, for 50 years. They have two adult children, Jennifer Schlueter (an elementary school teacher in San Antonio, Texas) and Jonathan Schlueter (an attorney in San Antonio, Texas). They have three granddaughters.

• JAGC Attorney, United States Army (1972-81)
• Legal Counsel, Supreme Court of United States (1981-83)
• Associate Dean, St. Mary’s School of Law (1984-89)
• Texas Aggie Bar Association Distinguished Aggie Lawyer (2018)
• Fellow, American Law Institute
• Order of the Barristers, Honorary Member

Books

• Military Evidentiary Foundations (7th ed. 2021) (LEXIS) (with Saltzburg, Schinasi & Imwinkelried).
• Federal Evidence Tactics (with Imwinkelried) (1997-2016) (Matthew Bender) (with annual supplements).
• Federal Criminal Procedure Litigation Manual (JURIS 2011-2017) (with Saltzburg) (updated annually).
• Emerging Problems Under the Federal Rules of Evidence (Editor-in-Chief, 3d ed. 1998) (LEXIS Pub).
• Military Criminal Justice: Practice and Procedure (11th ed. 2018) (LEXIS) (with annual supplements) (cited in Weiss v. United States, 510 U.S. 163 (1994), United States v. Kebodeaux, 136 S.Ct. 2496 (2013), United States v. Ortiz 138 S.Ct. 2165 (2018) and other federal and military appellate decisions and commentaries).
• Military Rules of Evidence Manual (with Saltzburg and Schinasi) (9th ed. 2020) (LEXIS) (with annual supplements).
• Military Crimes and Defenses (with Rose, Hansen & Behan) (3rd ed. 2018) (LEXIS) (with annual supplements).
• Military Criminal Procedure Forms (with Jensen, Barry, and Arnold) (3d ed. 2009).
• Texas Rules of Evidence Manual (with J. Schlueter) (11th ed. 2020) (JURIS) (with annual supplements).
• Texas Evidentiary Foundation (with Imwinkelried) (6th ed. 2020) (LEXIS).
• Texas Rules of Evidence Trial Book (With Saltzburg) (4th ed. 2020) (JURIS).
• Mock Trial Case Files and Problems (LEXIS, 2014).
• Materials on Evidence (FALL 2022, Self Published).
• The Problems of Crime and International Terrorism (Summer 2012, Self-Published).

Articles in a Periodical

• Taking Charge of Court-Martial Charges: The Important Role of the Commander in the American Military Justice System, 14 N.Y.U. Jour. of Law & Liberty, 529 (2020) (with L. Schenck)
• National, Military, And College Reports On Prosecution Of Sexual Assaults And Victims’ Rights: Is The Military Actually Safer Than Civilian Society?, 56 Gonz L.R. 285 (2021)
• Reforming Military Justice: An Analysis of the 2016 Military Justice Act, 49 St. Mary’s L.J. 1 (2017)
• American Military Justice: Responding the Siren Songs for Reform, 73 A.F. L. Rev. 193 (2015)
• The Military Justice Conundrum: Justice or Discipline? 215 Mil. L. Rev. 1 (2013).
• The Co-Author Prenup, 44 St. Mary’s L. J. 451 (2013).
• Gays and Lesbians in the Military: A Rationally Based Solution to a Legal Rubik’s Cube, 29 Wake Forest L. Rev. 393 (1994).
• Military Justice in the 1990’s: A Legal System Looking for Respect, 133 Mil. L. Rev. 1 (1991).
• Evidence, Fifth Circuit Symposium, 22 Tex. Tech L. Rev. 573 (1991).
• Evidence, Fifth Circuit Symposium, 21 Tex. Tech L. Rev. 303 (1990).
• Evidence, Fifth Circuit Symposium, 20 Tex. Tech L. Rev. 427 (1989), (Selected, Outstanding Article for Symposium).
• Criminal Procedure and Criminal Law, Fifth Circuit Symposium, 19 Tex. Tech L. Rev. 483 (Jan. 1987).
• The Parent-Child Privilege: A Response to Calls for Adoption, 19 St. Mary’s L.J. 35 (Fall 1987) (cited extensively by Washington Supreme Court).
• Judicial Federalism and Supreme Court Review of State Court Decisions: A Sensible Balance Emerges, 59 Notre Dame L. Rev. 1079 (1984) (lead article in symposium issue).
• Federalism and Supreme Court Review of Expansive State Court Decisions: A Response to Unfortunate Impressions, 11 Hastings Const. L.Q. 523 (1984) (lead article).
• Court-Martial Jurisdiction: An Expansion of the Least Possible Power, 73 J. Crim. L. & Criminology 74 (1982).
• The Court-Martial: An Historical Survey, 87 Mil. L. Rev. 129 (1980) (Reprinted at Vol. 1, No. 4, National Law Review Reporter; cited in Weiss v. United States, 510 U.S. 163 (1994) and in United States v. Ortiz, 138 S.Ct. 2165 (2018).
• The Enlistment Contract: A Uniform Approach, 77 Mil. L. Rev. 1 (1977) (proposal to amend Uniform Code of Military Justice adopted by Congress).