United States Court of Appeals for the Armed Forces
Encyclopedia
The United States Court of Appeals for the Armed Forces or CAAF (in case citation
s, C.A.A.F.) is an Article I court
that exercises worldwide appellate jurisdiction
over members of the United States armed forces
on active duty
and other persons subject to the Uniform Code of Military Justice
. The court is composed of five civilian judges appointed for 15-year terms by the President of the United States
with the advice and consent of the United States Senate
. The court reviews decisions from the intermediate appellate court
s of the services: The Army Court of Criminal Appeals
, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals
, and the Air Force Court of Criminal Appeals
.
first authorized the use of courts-martial in 1775. From the time of the American Revolutionary War
through the middle of the twentieth century, courts-martial were governed by the Articles of War
and the Articles for the Government of the Navy. Congress's authority "To make Rules for the Government and Regulation of the land and naval Forces" is contained in the United States Constitution
at Article I, Section 8.
Until 1920, court-martial convictions were reviewed either by a commander in the field or by the President, depending on the severity of the sentence or the rank of the accused. The absence of formal review received critical attention during World War I
, and the Army created an internal legal review process for a limited number of cases. Following the war, in the Act of June 4, 1920, Congress required the Army to establish boards of review, consisting of three lawyers, to consider cases involving death, dismissal of an officer, an unsuspended dishonorable discharge, or confinement in a penitentiary, with limited exceptions. The legislation further required legal review of other cases in the Office of the Judge Advocate General
.
The military justice system under the Articles of War and Articles for the Government of the Navy received significant attention during World War II
and its immediate aftermath. During the war, in which over 16 million persons served in the American armed forces, the military services held over 1.7 million courts-martial. Many of these proceedings were conducted without lawyers acting as presiding officers or counsel. Studies conducted by the military departments and the civilian bar identified a variety of problems in the administration of military justice during the war, including the potential for improper command influence.
By enacting the Uniform Code of Military Justice
in 1948, Congress enacted significant reforms to the Articles of War, including creation of a Judicial Council of three general officers to consider cases involving sentences of death, life imprisonment, or dismissal of an officer, as well as cases referred to the Council by a board of review or the judge advocate general. During the same period, Congress placed the departments of the Army, Navy, and Air Force under the newly created Department of Defense
. The first Secretary of Defense
, James Forrestal
, created a committee under the chairmanship of Professor Edmund Morgan to study the potential for unifying and revising the services' disparate military justice systems under a single code.
The committee recommended a unified system applicable to the Army
, Navy
, Air Force
, Marine Corps
, and Coast Guard
. The committee also recommended that qualified attorneys serve as presiding officers and counsel, subject to limited exceptions. Numerous other changes were proposed by the committee to enhance the rights of servicemen in the context of the disciplinary needs of the armed forces. The recommendations included creation of an independent civilian appellate court.
The committee's recommendations, as revised by Congress, became the Uniform Code of Military Justice (UCMJ), enacted on May 5, 1950. Article 67 of the UCMJ established the Court of Military Appeals as a three-judge civilian court. The report of the House
Armed Services Committee accompanying the legislation emphasized that the new court would be "completely removed from all military influence of persuasion." The legislation became effective on May 31, 1951. In 1968, Congress redesignated the court as the United States Court of Military Appeals.
In 1989, Congress enacted comprehensive legislation to enhance the effectiveness and stability of the court. The legislation increased the court's membership to five judges, consistent with the American Bar Association
's Standards for Court Organization. In 1994, Congress gave the court its current designation, the United States Court of Appeals for the Armed Forces.
. If the trial results in a conviction, the case is then reviewed by the convening authority
-- the person who referred the case for trial by court-martial. The convening authority may approve the conviction of the court-martial, but also has the discretion to mitigate the findings and sentence.
Beyond the review by the convening authority, court-martial cases may be appealed to two additional levels of judicial review. These are the Courts of Criminal Appeals and the Court of Appeals for the Armed Forces.
, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals
, and the Coast Guard Court of Criminal Appeals
. The Courts of Criminal Appeals review the cases for legal error, factual sufficiency, and sentence appropriateness. All other cases are subject to review by judge advocates under regulations issued by each service. After such review, the Judge Advocate General may refer a case to the appropriate Court of Criminal Appeals. The Courts of Criminal Appeals also have jurisdiction under Article 62 of the UCMJ to consider appeals by the United States of certain judicial rulings during trial. Review under Article 62 is limited to issues involving alleged legal errors.
Under Article 67(c), the Court’s review is limited to issues of law. The Courts of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces also have jurisdiction to consider petitions for extraordinary relief under the All Writs Act, .
Cases on the court's docket address a broad range of legal issues, including constitutional law
, criminal law
, evidence
, criminal procedure
, ethics
, administrative law
, and national security
law. The cases before the court may only be reviewed upon a granted petition for review (which occurs in 10 percent of cases), by certificate from an individual service Judge Advocate General
, a sentence of death, a petition for extraordinary relief or a writ appeal petition. Statistics show that the court reviews approximately 10 percent of all court-martial
conviction
s. In the year ending September 1, 2009, the court had 1,002 cumulative filings and disposed of 1,033 cases. Of these 1,033 cases, 46 were disposed of by signed or per curiam opinions and 987 were by memorandum or order. (By comparison, the US Supreme Court
issued signed 46 opinions in 2009.)
has discretion under 28 U.S.C. § 1259 to review cases under the UCMJ on writ of certiorari where the CAAF has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief. If the CAAF denies a petition for review or a writ appeal, consideration by the Supreme Court may be obtained only through collateral review (e.g., a writ of habeas corpus). Since 2007, several bills have been introduced into Congress to expand the accessibility of service members to the Supreme Court.
in Washington, D.C.
. The courthouse
, listed on the National Register of Historic Places
, was erected in 1910, and was formerly the home of the United States Court of Appeals for the District of Columbia Circuit
. The building was designed by Elliott Woods
.
Article 142 of the Uniform Code of Military Justice
provides that not more than three judges may be appointed to the court from the same political party, which is a common provision for Article I courts and administrative agencies, but is unlike Article III federal courts. Most military judges cannot ever become CAAF judges, because Article 142 limits CAAF judge positions to those who have not served for 20 years or more in the active military.
The judges regularly meet in conference to discuss recently argued cases. As a matter of custom, there is full discussion of each case followed by a tentative vote. If the chief judge is in the majority, the chief judge assigns the responsibility for drafting an opinion to a judge in the majority. If the chief judge is not in the majority, the next senior judge in the majority assigns the case. After an opinion is drafted, it is circulated to all judges, who have the opportunity to concur, comment, or submit a separate opinion. After the judges have had an opportunity to express their views in writing, the opinion is released to the parties and the public.
The position of Chief Judge is rotated among the judges to the most senior judge who has not previously served as Chief Judge. The Chief Judge serves in that position for five years unless his or her term as a judge expires sooner. Prior to 1992, the Chief Judge was designated by the President from among the sitting judges.
When the court grants review, and in cases involving mandatory review, the parties are notified of the briefing requirements under the court’s rules. In most cases, oral argument is scheduled following submission of briefs, but the court decides a number of cases without oral argument. The court notifies the parties and counsel of the oral argument date, and the oral argument schedule is posted on the court’s website. In a typical case, each counsel is given 30 minutes to present argument, on behalf of their client, to the court.
Counsel appearing before the court must be admitted to the Bar of the Court or obtain permission of the court to appear in a specific case. An application for membership in the court’s bar may be obtained from the Court’s website, www.armfor.uscourts.gov, or by writing to the Clerk of the Court. Over 33,000 attorneys have been admitted to practice since the Court was established in 1951.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
s, C.A.A.F.) is an Article I court
Article I and Article III tribunals
In the United States, the American legal system includes both state courts and United States federal courts. The federal tribunals may be an Article III tribunal or another adjudicative body classified as an Article I or an Article IV tribunal...
that exercises worldwide appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
over members of the United States armed forces
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
on active duty
Active duty
Active duty refers to a full-time occupation as part of a military force, as opposed to reserve duty.-Pakistan:The Pakistan Armed Forces are one of the largest active service forces in the world with almost 610,000 full time personnel due to the complex and volatile nature of Pakistan's...
and other persons subject to the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
. The court is composed of five civilian judges appointed for 15-year terms by the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
with the advice and consent of the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. The court reviews decisions from the intermediate appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
s of the services: The Army Court of Criminal Appeals
Army Court of Criminal Appeals
In the United States military, the Army Court of Criminal Appeals is an appellate court that reviews certain court martial convictions of Army personnel.-Jurisdiction:...
, the Navy-Marine Corps Court of Criminal Appeals, the Coast Guard Court of Criminal Appeals
Coast Guard Court of Criminal Appeals
The Coast Guard Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Arlington, Virginia....
, and the Air Force Court of Criminal Appeals
Air Force Court of Criminal Appeals
The Air Force Court of Criminal Appeals is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under . The Court hears and decides appeals of United States Air Force court-martial...
.
History
Courts-martial are judicial proceedings conducted by the armed forces. The Continental CongressContinental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
first authorized the use of courts-martial in 1775. From the time of the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
through the middle of the twentieth century, courts-martial were governed by the Articles of War
Articles of War
The Articles of War are a set of regulations drawn up to govern the conduct of a country's military and naval forces. The phrase was first used in 1637 in Robert Monro's His expedition with the worthy Scots regiment called Mac-keyes regiment etc. and can be used to refer to military law in general...
and the Articles for the Government of the Navy. Congress's authority "To make Rules for the Government and Regulation of the land and naval Forces" is contained in the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
at Article I, Section 8.
Until 1920, court-martial convictions were reviewed either by a commander in the field or by the President, depending on the severity of the sentence or the rank of the accused. The absence of formal review received critical attention during World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, and the Army created an internal legal review process for a limited number of cases. Following the war, in the Act of June 4, 1920, Congress required the Army to establish boards of review, consisting of three lawyers, to consider cases involving death, dismissal of an officer, an unsuspended dishonorable discharge, or confinement in a penitentiary, with limited exceptions. The legislation further required legal review of other cases in the Office of the Judge Advocate General
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
.
The military justice system under the Articles of War and Articles for the Government of the Navy received significant attention during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
and its immediate aftermath. During the war, in which over 16 million persons served in the American armed forces, the military services held over 1.7 million courts-martial. Many of these proceedings were conducted without lawyers acting as presiding officers or counsel. Studies conducted by the military departments and the civilian bar identified a variety of problems in the administration of military justice during the war, including the potential for improper command influence.
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
in 1948, Congress enacted significant reforms to the Articles of War, including creation of a Judicial Council of three general officers to consider cases involving sentences of death, life imprisonment, or dismissal of an officer, as well as cases referred to the Council by a board of review or the judge advocate general. During the same period, Congress placed the departments of the Army, Navy, and Air Force under the newly created Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
. The first Secretary of Defense
United States Secretary of Defense
The Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
, James Forrestal
James Forrestal
James Vincent Forrestal was the last Cabinet-level United States Secretary of the Navy and the first United States Secretary of Defense....
, created a committee under the chairmanship of Professor Edmund Morgan to study the potential for unifying and revising the services' disparate military justice systems under a single code.
The committee recommended a unified system applicable to the Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
, Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
, Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
, Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
, and Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
. The committee also recommended that qualified attorneys serve as presiding officers and counsel, subject to limited exceptions. Numerous other changes were proposed by the committee to enhance the rights of servicemen in the context of the disciplinary needs of the armed forces. The recommendations included creation of an independent civilian appellate court.
The committee's recommendations, as revised by Congress, became the Uniform Code of Military Justice (UCMJ), enacted on May 5, 1950. Article 67 of the UCMJ established the Court of Military Appeals as a three-judge civilian court. The report of the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Armed Services Committee accompanying the legislation emphasized that the new court would be "completely removed from all military influence of persuasion." The legislation became effective on May 31, 1951. In 1968, Congress redesignated the court as the United States Court of Military Appeals.
In 1989, Congress enacted comprehensive legislation to enhance the effectiveness and stability of the court. The legislation increased the court's membership to five judges, consistent with the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
's Standards for Court Organization. In 1994, Congress gave the court its current designation, the United States Court of Appeals for the Armed Forces.
Jurisdiction & appellate review of courts-martial
Courts-martial are conducted under the UCMJ, 10 U.S.C. §§ 801-946, and the Manual for Courts-MartialManual for Courts-Martial
The Manual for Courts-Martial is the official guide to the conduct of Courts-martial in the United States military. An Executive Order of the President of the United States, the MCM details and expands on the military law in the Uniform Code of Military Justice...
. If the trial results in a conviction, the case is then reviewed by the convening authority
Convening Authority
The term convening authority is used in United States military law to refer to an individual whose job includes appointing officers to play a role in a court-martial, or similar military tribunal or military commission...
-- the person who referred the case for trial by court-martial. The convening authority may approve the conviction of the court-martial, but also has the discretion to mitigate the findings and sentence.
Beyond the review by the convening authority, court-martial cases may be appealed to two additional levels of judicial review. These are the Courts of Criminal Appeals and the Court of Appeals for the Armed Forces.
Intermediate review -- Courts of Criminal Appeals
If the sentence, as approved by the convening authority, includes death, a bad-conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court. There are four such courts—the Army Court of Criminal AppealsArmy Court of Criminal Appeals
In the United States military, the Army Court of Criminal Appeals is an appellate court that reviews certain court martial convictions of Army personnel.-Jurisdiction:...
, the Navy-Marine Corps Court of Criminal Appeals, the Air Force Court of Criminal Appeals
Air Force Court of Criminal Appeals
The Air Force Court of Criminal Appeals is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under . The Court hears and decides appeals of United States Air Force court-martial...
, and the Coast Guard Court of Criminal Appeals
Coast Guard Court of Criminal Appeals
The Coast Guard Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Arlington, Virginia....
. The Courts of Criminal Appeals review the cases for legal error, factual sufficiency, and sentence appropriateness. All other cases are subject to review by judge advocates under regulations issued by each service. After such review, the Judge Advocate General may refer a case to the appropriate Court of Criminal Appeals. The Courts of Criminal Appeals also have jurisdiction under Article 62 of the UCMJ to consider appeals by the United States of certain judicial rulings during trial. Review under Article 62 is limited to issues involving alleged legal errors.
Final review -- Court of Appeals for the Armed Forces
The Court’s primary jurisdictional statute is Article 67(a) of the UCMJ, which provides:- The Court of Appeals for the Armed Forces shall review the record in: 1) all cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death; 2) all cases reviewed by a Court of Criminal Appeals which the Judge Advocate General orders sent to the Court of Appeals for the Armed Forces for review; and 3) all cases reviewed by a Court of Criminal Appeals in which, upon petition of the accused and on good cause shown, the Court of Appeals for the Armed Forces has granted a review.
Under Article 67(c), the Court’s review is limited to issues of law. The Courts of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces also have jurisdiction to consider petitions for extraordinary relief under the All Writs Act, .
Cases on the court's docket address a broad range of legal issues, including constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
, ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
, administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
, and national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
law. The cases before the court may only be reviewed upon a granted petition for review (which occurs in 10 percent of cases), by certificate from an individual service Judge Advocate General
Judge Advocate General's Corps
Judge Advocate General's Corps, also known as JAG or JAG Corps, refers to the legal branch or specialty of the U.S. Air Force, Army, Coast Guard, and Navy. Officers serving in the JAG Corps are typically called Judge Advocates. The Marine Corps and Coast Guard do not maintain separate JAG Corps...
, a sentence of death, a petition for extraordinary relief or a writ appeal petition. Statistics show that the court reviews approximately 10 percent of all court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
conviction
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
s. In the year ending September 1, 2009, the court had 1,002 cumulative filings and disposed of 1,033 cases. Of these 1,033 cases, 46 were disposed of by signed or per curiam opinions and 987 were by memorandum or order. (By comparison, the US Supreme Court
2009 term opinions of the Supreme Court of the United States
This is a list of the opinions of the Supreme Court of the United States delivered during its 2009 term, which began October 5, 2009 and concluded October 3, 2010...
issued signed 46 opinions in 2009.)
Supreme Court review
The Supreme Court of the United StatesSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has discretion under 28 U.S.C. § 1259 to review cases under the UCMJ on writ of certiorari where the CAAF has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief. If the CAAF denies a petition for review or a writ appeal, consideration by the Supreme Court may be obtained only through collateral review (e.g., a writ of habeas corpus). Since 2007, several bills have been introduced into Congress to expand the accessibility of service members to the Supreme Court.
Case citation
Bluebook citation form for the CAAF is provided in Table T.1 (C.A.A.F.), previously United States Court of Military Appeals (C.M.A.), of The Bluebook: A Uniform System of Citation (Columbia Law Review Ass'n et al. eds, 18th ed. 2005). The official reporters are Decisions of the United States Court of Military Appeals (C.M.A.) (1951–1975), West's Military Justice Reporter (M.J.) (1975-date) and Court Martial reports (C.M.R.) (1951–1975).Location
Since October 31, 1952, the Court has been located in Judiciary SquareJudiciary Square
Judiciary Square is a neighborhood in Northwest Washington, D.C., the vast majority of which is occupied by various federal and municipal courthouses and office buildings...
in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
. The courthouse
Courthouse
A courthouse is a building that is home to a local court of law and often the regional county government as well, although this is not the case in some larger cities. The term is common in North America. In most other English speaking countries, buildings which house courts of law are simply...
, listed on the National Register of Historic Places
National Register of Historic Places
The National Register of Historic Places is the United States government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation...
, was erected in 1910, and was formerly the home of the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
. The building was designed by Elliott Woods
Elliott Woods
Elliott Woods was an American architect who served as Architect of the Capitol from 1902 to 1923.-Early years:...
.
Judges
The court has five judges, who are nominated by the President of the United States and confirmed by the United States Senate. Judges serve fifteen-year terms. After their term, they must be either re-appointed or retire from the court. When hearing a case, all five judges sit as a panel.Article 142 of the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
provides that not more than three judges may be appointed to the court from the same political party, which is a common provision for Article I courts and administrative agencies, but is unlike Article III federal courts. Most military judges cannot ever become CAAF judges, because Article 142 limits CAAF judge positions to those who have not served for 20 years or more in the active military.
The judges regularly meet in conference to discuss recently argued cases. As a matter of custom, there is full discussion of each case followed by a tentative vote. If the chief judge is in the majority, the chief judge assigns the responsibility for drafting an opinion to a judge in the majority. If the chief judge is not in the majority, the next senior judge in the majority assigns the case. After an opinion is drafted, it is circulated to all judges, who have the opportunity to concur, comment, or submit a separate opinion. After the judges have had an opportunity to express their views in writing, the opinion is released to the parties and the public.
Current composition of the court
, the judges on the court are:List of former judges & current senior status judges
Chief judges
The position of Chief Judge is rotated among the judges to the most senior judge who has not previously served as Chief Judge. The Chief Judge serves in that position for five years unless his or her term as a judge expires sooner. Prior to 1992, the Chief Judge was designated by the President from among the sitting judges.
Counsel in cases before the court
Each service Judge Advocate General has established separate appellate divisions to represent the government and the defense before the service Courts of Criminal Appeals, the U.S. Court of Appeals for the Armed Forces, and the Supreme Court of the United States regardless of indigency. A servicemember whose case is eligible for review is entitled to free representation by government-furnished counsel, and also may be represented by civilian counsel provided at the servicemember’s own expense.When the court grants review, and in cases involving mandatory review, the parties are notified of the briefing requirements under the court’s rules. In most cases, oral argument is scheduled following submission of briefs, but the court decides a number of cases without oral argument. The court notifies the parties and counsel of the oral argument date, and the oral argument schedule is posted on the court’s website. In a typical case, each counsel is given 30 minutes to present argument, on behalf of their client, to the court.
Counsel appearing before the court must be admitted to the Bar of the Court or obtain permission of the court to appear in a specific case. An application for membership in the court’s bar may be obtained from the Court’s website, www.armfor.uscourts.gov, or by writing to the Clerk of the Court. Over 33,000 attorneys have been admitted to practice since the Court was established in 1951.
Project Outreach
Most of the court’s oral arguments are held at its courthouse in Washington, D.C. On occasion, as part of the court’s judicial outreach program, the Court will hold arguments at law schools, military bases, and other public facilities. This practice, known as Project Outreach, was developed as part of a public awareness program to demonstrate the operation of a federal court of appeals and the military criminal justice system. In 2010, the court heard cases at Brooklyn Law School in Brooklyn, NY on November 2 and at Hofstra Law School in Hempstead, NY on November 3. The students selected to argue as amici curiae in those cases are Anita Aboagye-Agyeman and Michael Zisser, respectively.See also
- Navy-Marine Corps Court of Criminal Appeals
- Air Force Court of Criminal AppealsAir Force Court of Criminal AppealsThe Air Force Court of Criminal Appeals is an independent appellate judicial body authorized by Congress and established by the Judge Advocate General of the Air Force pursuant to the exclusive authority under . The Court hears and decides appeals of United States Air Force court-martial...
- Army Court of Criminal AppealsArmy Court of Criminal AppealsIn the United States military, the Army Court of Criminal Appeals is an appellate court that reviews certain court martial convictions of Army personnel.-Jurisdiction:...
- Coast Guard Court of Criminal AppealsCoast Guard Court of Criminal AppealsThe Coast Guard Court of Criminal Appeals is the intermediate appellate court for criminal convictions in the U.S. Coast Guard. It is located in Arlington, Virginia....
Other countries
- Court Martial Appeal Court of CanadaCourt Martial Appeal Court of CanadaThe Court Martial Appeal Court of Canada hears appeals from military courts .In Canada, courts martial are presided over by independent military judges from the office of the Chief Military Judge...
- Summary Appeal Court (United Kingdom)