Sean C. Timmons

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Sean’s years of experience as an active-duty US Army Captain in the selective and prestigious US Army Judge Advocate General’s (JAG) Corps are a valuable asset to Tully Rinckey PLLC’s military law practice group. An aggressive and tenacious advocate for all service members facing legal issues, Sean is able to pull from his significant and diverse experience as an active-duty attorney in the Army JAG Corps, and as a civilian military law attorney, and forcefully and efficiently represent service members in both administrative and criminal proceedings across the United States and around the world. Sean originally joined Tully Rinckey’s Albany, N.Y., office as a Senior Associate, where he was first promoted to Partner and eventually Managing Partner of the firm’s first footprint in the state of Texas.

As Managing Partner of Tully Rinckey PLLC’s Houston office, Sean oversees all of the office’s operations while concentrating his practice on military law; routinely handling cases involving Article 15s, letters of reprimand, courts-martial and officer/enlisted separation proceedings. Sean also handles federal labor and employment law cases and security clearance representation. He is also a member of the National Security Lawyers Association (NSLA).

Sean has achieved a number of full acquittal verdicts at numerous litigated Courts-Martial trials; most recently in May 2023 at Scott Air Force Base, where his client was facing lifetime sex offender registration.  Sean, along with his legal team, achieved a finding of not guilty to all charges and specifications. Sean has obtained full acquittals at various installations around the world including recent full acquittals at Andrews Air Force Base, Naval Air Station Pensacola; Camp Lejeune, Fort Drum and Scott Air Force Base, Illinois. While not every trial results in a full acquittal, oftentimes through scorched earth defense tactics many of the charges are dismissed prior to trial, or result in a not guilty finding at trial. If you are facing the vindictive wrath of the military justice sexual assault industrial complex, Sean can navigate you through the case from the opening of the investigation through findings on the merits of the case at the conclusion of trial.

Sean has appeared for his clients throughout CONUS, to include, practically hundreds of military bases, posts and installations across the United States and also appears frequently OCONUS around the world litigating fully contested military trials across Europe and Asia. From Houston, Sean can access any location in the world on short notice and with a large team in support he can appear promptly while hitting the ground running on any military law matter.

Today, Sean is frequently hired by U.S. military personnel worldwide stationed in Europe, Asia; Alaska; Hawaii and across the continental United States to represent them in highly complex legal matters; many of which involve salacious allegations of sexual assault that threaten their personal freedom, careers, family life, human dignity, and reputation. He is conversational in Italian and German.

In addition to his consistent zealous representation on behalf of his clients, Sean is often called upon as an expert on military law issues by leading media organizations such as The Associated Press; Military Times, Stars and Stripes, The Washington Times, and Politico and KTRH News Radio Houston.

Sean also is a member of the Houston office’s Insurance Law Practice, where he assists clients with bad-faith litigation cases, first- and third-party coverage disputes involving CGL, business auto, commercial and residential property, and ERISA policies.

Sean is an experienced insurance coverage litigator. He has handled numerous lawsuits involving property damage claims under residential and commercial policies. He has appeared in numerous federal and state courts throughout Texas. Mr. Timmons is well-versed in coverage litigation including discovery and its limits, taking and defending depositions, motion practice, evidentiary hearings, alternative dispute resolution, and pre-trial and trial of coverage disputes.

Additionally, Sean handles employment law cases including matters involving title VII, USERRA, whistleblower retaliation complaints, and has experience litigating cases on behalf of employees at the U.S. Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), and in both state and federal courts. He also frequently attends mediation and arbitration on behalf of employees across jurisdictions around the country. Sean is also passionate about International Law and frequently travels the globe for the firm on behalf of his clients in each branch of service with the United States Armed Forces.

Prior to joining Tully Rinckey PLLC, Sean worked in private practice in Houston, where he was an active member of the State Bar of Texas International Law Section, and the State Bar of Texas Military and Veterans Law Section and the State Bar of Texas Insurance Law Section. Sean is a current member of the Houston Bar Association and is licensed to practice law in both New York and every State and Federal Court in Texas. Before relocating temporarily to New York, Sean also served in Texas as a military law adviser to a number of family law attorneys. Sean previously served at Fort Hood as an Army Captain, where he was the primary legal adviser to the President (O-6) of the Fort Hood Officer Separation Board after having started his Army career in 1998 as a private (E-1) Field Artilleryman and ascending to the rank of Captain (O-3). As a Judge Advocate, Sean led the effort in 2010 as Acting Chief of Fort Hood Client Services to have the Commanding General of III Corps blacklist a notoriously corrupt landlord-tenant company that was infamous for ripping off active duty soldiers.

In addition to his significant military law career Sean has tried civil cases to verdict and has extensive motion practice experience throughout the state. He has gained a vast amount of knowledge handling institutional discovery concerning insurance companies in various Hurricane and Hail Storm Multi-District Litigation in Texas. Sean has been involved in all stages of insurance pre-trial and trial litigation including mediations, depositions, and fierce discovery disputes. Today, he uses his sage wisdom gained from these fierce battles across Texas and the country to benefit his clients.

Prior to becoming an attorney, Sean deployed as a combat arms Artilleryman to Bosnia in 1999 as a member of Operation Joint Forge. He deployed again to the Middle East after the Sept. 11 attacks as part of Task Force Blackjack in the most forward deployed US Army heavy brigade combat team during Operation Enduring Freedom in the fall of 2001 and spring of 2002. His task force would serve in both Kuwait and Afghanistan. Sean has been awarded the NATO Medal, the National Defense Service Medal, Army Service Ribbon, the Global War on Terrorism Service Medal, five Army Achievement Medals, the Good Conduct Medal and an Army Commendation Medal. After leaving active duty upon completing his initial enlistment, while attending college full time Sean worked at first for the Texas Parks and Wildlife Department as a Human Resources Technician where he handled customer service duties and labor law compliance tasks. After this position and prior to law school Sean was a Human Resources Manager for Sears Holding Corporation in Austin, Texas; where he managed the personnel department for three individual stores with over six hundred employees. Sean holds a Master of Laws in International Law from the University of Houston Law Center. He graduated cum laude from South Texas College of Law, Houston and graduated summa cum laude from the University of Texas at San Antonio. Sean was also elected as a council member to the State Bar of Texas Military and Veterans Law Section for the 2017-2019 term.

In 2021, Sean was commissioned an honorary Admiral in the Texas Navy.

Representative Matters

• An E-7 in the United States Army was charged with three counts of Article 128 (aggravated assault) and two counts of Article 92 (violation of a lawful general order). Thanks to Sean’s aggressive defense during the court-martial, his client was fully acquitted.
• An Air Force Chaplain was removed from duty at a base in Europe for creating a “hostile work environment” by using excessive profanity on repeated occasions and calling subordinates unflattering names. Through Sean’s aggressive advocacy, the Air Force Chief of Chaplains removed the Chaplain’s Letter of Admonishment and Unfavorable Information File.
• A Senior E-7 non-commissioned officer was facing a relief for cause evaluation. Sean’s tireless commitment and aggressive advocacy helped convince the chain of command to write a “change of rater” NCOER, which will not slander the officer’s future military career.
• A former ROTC Cadet was stuck in limbo for four years after he was found medically unfit for service by the Washington National Guard. Through Sean’s aggressive advocacy, he was able to obtain an honorable discharge for his client through the Assistant Secretary of the Army Manpower & Reserve Affairs, no ROTC recoupment and no further service obligation.
• An Army Reserve Chaplain was demoted by his employer after he was abruptly mobilized. Sean aggressively negotiated with the Office of the General Counsel and obtained a restoration of his client’s former position, as well as appropriate back pay and future differential pay compensation.
• An Army private was facing an involuntary separation action for failing to disclose a tumor in his leg to his recruiter. Through Sean’s tireless and aggressive advocacy, his client received a medical discharge, instead.
• A National Guardsman went to Afghanistan without permission and was declared AWOL by his unit. With his client facing a negative discharge, Sean aggressively worked to gain an honorable discharge for the guardsman.
• An ROTC Cadet faced a board dis-enrollment after self-admitting to drug use, along with alleged deficient performance and military bearing issues. Thanks to Sean’s aggressive defense, the initial disenrollment board was determined to be invalid, and the Commander withdrew the proceedings.
• A client felt that his military career was being ruined by his command because OERs were not being processed, he was receiving letters of reprimand and a Statement of Reasons was initiated. Compounding his case was the fact that he was having an extra-marital affair with a foreign national. The client simply wanted to reach retirement from service with his security clearance intact. Sean worked quickly and proactively to anticipate and react to the changing dynamics of his client’s case.
• An Air Force ROTC Cadet was charged with DUI in Iceland and faced disciplinary action from his command back at school in the United States. Sean aggressively defended his client by arguing the testing procedures in Iceland were unreliable, and the blood draw and forced nature of it were unconstitutional, not worthy of reciprocal acknowledgement. The investigating officer and the PMS agreed to drop the charges, but Command disagreed and disenrolled the client. Sean then filed an appeal to a higher command, which reinstated the cadet.
• A client was facing a security clearance matter involving foreign influence and foreign preference. The client owned property in Thailand, was married to a Thai national with no U.S. citizenship or residency, had several Thai bank accounts, properties and businesses, and had been audited by the IRS for not paying appropriate taxes for income earned in Iraq while having a home of record in Thailand. Thanks to Sean’s aggressive defense, he was able to get his client’s security clearance case resolved at the Department of Defense Consolidated Adjudications Facility, rather than the Defense Office of Hearings and Appeals level.
• E-7 In the USAF was fully acquitted at Andrews AFB in a Special courts-martial on 112(a) drug abuse charges.
• Marine Corps Captain at Camp Lejeune was acquitted on several charges under article 120 (Sexual Assault).
• Several Air Force Cadets facing disenrollment were retained at the USAF Academy related to allegations of misconduct.
• Army Physician facing credentialing revocation at Fort Carson had her clinical privileges fully restored.
• Army ROTC Cadet facing program expulsion for purported sexual assault was retained after a full evidentiary board hearing.
• A Navy pilot was fully acquitted on all charges and specifications concerning allegations of Sexual Assault under UCMJ Article 120 at NAS Pensacola.
• Several Enlisted Soldiers Assigned to Fort Benning GA faced maltreatment, hostile conditions and an unreasonably toxic command. After significant negotiations each member of the Army received a positive outcome and the desired entry level separation in lieu of an other than honorable discharge they had been threatened with.
• O-4 in the Alaskan National Guard was medically retired after being wrongfully removed from the AGR program. His reinstatement and back pay that was awarded after contentious litigation and in person board proceedings representation resulted in compensation being award in excess of six figures.
• US Navy Sailor assigned to Naval Station Norfolk, Virginia facing charges for insubordination and disrespect to senior leadership had all courts-martial charges dropped and was granted a new assignment to have a fresh start in the Navy.
• Several Soldiers assigned to Fort Hood, Texas were facing maltreatment from toxic commanders and after getting involved each received positive outcomes including new assignments and continuation of their military career.
• Officer assigned to Fort Bragg, NC faced a formal board of inquiry and after contentious litigation and a full formal evidentiary hearing was directed to be retained and permitted to retire from the US Army.
• Recruiter assigned to Jacksonville, Florida faced salaciously false allegations of inappropriate behavior with female recruits and retained our firm to represent him. After demonstrating his innocence he was exonerated and permitted to ETS with an honorable discharge.
• Marine assigned to Southern California faced separation and was looking at an Other Than Honorable Discharge (OTH) after aggressive advocacy he was retained and permitted to continue with his career in the Marine Corps.
• Military Officer assigned to an Intelligence unit in Louisiana was accused of violating security protocols and faced a “Statement of Reasons”. After submission of rebuttal materials his case was closed and his clearance was fully restored.
• Soldier was “low-balled” by the MEB process. Went to the PEB in San Antonio and he was medically retired with the proper rating for each medical condition falling below retention standards. Soldier medically retired at the legally proper rating after formal board proceedings.
• Senior Military Officer faced relief for cause and elimination from the service for alleged adulterous affair. After significant pushback and presentation of mitigation evidence officer was permitted to retire honorably in highest rank obtained instead of being reduced in retirement from the Army Grade Determination Board. Officer went on to have a fruitful career as a civilian after retirement.
• US Army officer stationed at Fort Drum facing elimination for “fraternization” was RETAINED by the Secretary of the Army after we submitted an appeal.
• US Army senior officer had her Inspector General Complaint substantiated (this is rare) and relief for the reprisal she endured has been directed.
• USAF Officer facing separation and courts martial charges for “disobeying lawful orders” will instead be medically retired at a 100% rating for his service-connected disabilities and injuries.

Court & Bar Admissions

• Texas
• New York
• All Federal Courts in Texas
• United States Court of Federal Claims
• United States Federal District Court of Colorado
• Court of Appeals for the Armed Forces (CAAF)
• Navy-Marine Corps Court of Criminal Appeals
• United States Army Court of Criminal Appeals
• 4th Circuit Court of Appeals
• 5th Circuit Court of Appeals

Education

• LL.M: University of Houston Law Center in International Law, 2015
• JD: South Texas College of Law, Houston, 2008
• Bachelor’s degree: University of Texas at San Antonio, 2005

Accreditations / Awards

• NATO Medal
• Enduring Freedom Service Ribbon
• Five Army Achievement medals
• Good Conduct Medal
• Defense Meritorious Service Medal
• Army Commendation Medal
• Global War on Terrorism Service Medal