US LAWS, STATUTES & CODES ON-LINE
GENERAL
Rule 1. Name
Section 941 of Title 10, United States Code, provides that the name of the Court is the "United States Court of Appeals for the Armed Forces."
(As amended Oct. 12, 1994.)
Rule 2. Seal
The official seal of the court is as follows:
In front of a silver sword, point up, a gold and silver balance supporting a pair of silver scales, encircled by an open wreath of oak leaves, green with gold acorns; all on a grey-blue background and within a dark blue band edged in gold and inscribed "UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES" in gold letters.
(As amended Jan. 4, 1995.)
Rule 3. Oath of Judges
Before undertaking the performance of the duties of his office, each Judge appointed to this Court shall take the oath or affirmation prescribed in Section 453 of Title 28, United States Code.
Rule 3A. Senior Judges
(a) With the Senior Judge's consent, and at the request of the Chief Judge, a Senior Judge may perform judicial duties with the Court if an active Judge of the Court is disabled or has recused himself or if there is a vacancy in an active judgeship on the Court. For the periods of time when performing judicial duties with the Court, a Senior Judge shall receive the same pay, per diem, and travel allowances as an active Judge; and the receipt of pay shall be in lieu of receipt of retired pay or annuity with respect to these same periods. The periods of performance of judicial duties by a Senior Judge shall be certified by the Chief Judge and recorded by the Clerk of Court. The Clerk of Court shall notify the appropriate official to make timely payments of pay and allowances with respect to periods of time when a Senior Judge is performing judicial duties with the Court and shall notify the Department of Defense Military Retirement Fund to make appropriate adjustments in the Senior Judge's retired pay or annuity. See Article 142(e)(2), Uniform Code of Military Justice (UCMJ), 10 USC § 942(e)(2).
(b) In addition to the performance of judicial duties with the Court, a Senior Judge may, at the request of the Chief Judge and with the Senior Judge's consent, perform such other duties as the Chief Judge may request or the Court may direct. Such other duties may include, but are not limited to, service as a special master or as an adviser on Court operations, administration, and rules; representation of the Court at conferences, seminars, committee meetings or other official or professional functions; coordination of or assistance with conferences being conducted by the Court; and assistance in the compilation of history or archives of the Court. A Senior Judge shall not receive pay for the performance of such other duties with the Court but may be paid per diem and travel allowance to reimburse expenses incurred by the Senior Judge while performing such duties.
(c) Whether in the performance of judicial duties or other duties, a Senior Judge shall be provided such administrative and secretarial assistance, office space, and access to the Courthouse, other public buildings, court files, and related information, as the Chief Judge considers appropriate for the performance of those duties by the Senior Judge.
(d) The title of Senior Judge may not be used in any way for personal gain or in connection with any business activity, advertisement, or solicitation of funds. However, the title of a Senior Judge may be referred to in any professional biography or listing and may be used in connection with any judicial or other duties that the Chief Judge requests the Senior Judge to perform.
(e) No Senior Judge of the Court may engage in the practice of law in connection with any matter that involves an investigation or trial for any matter arising under the Uniform Code of Military Justice or appellate review of any court-martial proceeding by a Court of Criminal Appeals, the United States Court of Appeals for the Armed Forces, or the Supreme Court of the United States.
(f) These rules shall apply to "senior judges" as defined by Article 142(e)(1), UCMJ, 10 USC 942(e)(1) and are promulgated pursuant to Article 142(e)(5), UCMJ, 10 USC § 942(e)(5).
(Added Sept. 29, 1990, eff. Oct. 1, 1990; amended Oct. 12, 1994.)
Rule 4. Jurisdiction
(a) The jurisdiction of the Court is as follows:
(1) Death sentences. Cases in which the sentence, as affirmed by a Court of Criminal Appeals, extends to death. See Rule 18(a)(3);
(2) Certified by a Judge Advocate General. Cases reviewed by a Court of Criminal Appeals, including decisions on appeal by the United States under Article 62, UCMJ, 10 USC § 862 (1983), or on application for extraordinary relief filed therein, which a Judge Advocate General forwards by certificate for review to the Court. See Rule 18(a)(2);
(3) Petitions by the accused. Cases reviewed by a Court of Criminal Appeals, including decisions on appeal by the United States under Article 62, UCMJ, 10 USC § 862 (1983), in which, upon petition of the accused and on good cause shown, the Court has granted review. See Rule 18(a)(1).
(b) Extraordinary Writs. (1) The Court may, in its discretion, entertain original petitions for extraordinary relief including, but not limited to, writs of mandamus, writs of prohibition, writs of habeas corpus, and writs of error coram nobis. See 28 USC § 1651(a) and Rules 18(b), 27(a), and 28. Absent good cause, no such petition shall be filed unless relief has first been sought in the appropriate Court of Criminal Appeals. Original writs are rarely granted.
(2) The Court may, in its discretion, entertain a writ appeal petition to review a decision of a Court of Criminal Appeals on a petition for extraordinary relief. See Rules 18(a)(4), 19(e), 27(b), and 28.
(c) Rules Not to Affect Jurisdiction. These Rules shall not be construed to extend or to limit the jurisdiction of the United States Court of Appeals for the Armed Forces as established by law.
(As amended July 19, 1984, eff. Aug. 1, 1984; Oct. 1, 1987; Oct. 12, 1994; Nov. 1, 1995, eff. Nov. 15, 1995.)
Rule 5. Scope of Review
The Court acts only with respect to the findings and sentence as approved by reviewing authorities, and as affirmed or set aside as incorrect in law by a Court of Criminal Appeals, except insofar as it may take action on a certificate for review or a petition for review of a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC § 862 (1983), or to grant extraordinary relief in aid of its jurisdiction, including the exercise of its supervisory powers over the administration of the Uniform Code of Military Justice. The Court may specify or act on any issue concerning a matter of law which materially affects the rights of the parties.
(As amended Oct. 1, 1987; Oct. 12, 1994.)
Rule 6. Quorum
(a) A majority of the judges in regular active service authorized to constitute the United States Court of Appeals for the Armed Forces shall constitute a quorum. The concurrence of the majority of such judges, whether present and voting or voting telephonically or electronically, shall be required for a final resolution of any matter before the Court, subject to subsections (b), (c), and (d). In the event there are fewer than three active judges, such active judges shall constitute a quorum. See Article 144, UCMJ, 10 USC § 944.
(b) The Chief Judge, or the judge performing the duties of the Chief Judge, shall have the authority to issue temporary orders or stays pending the convening of a quorum. See Rules 15(f) and 27(a)(4).
(c) If no judge is present, the Clerk may adjourn the Court from day to day. See Rule 9(d).
(d) In the event a senior judge is recalled under Article 142(e), UCMJ, 10 USC § 942(e), or an Article III judge is designated under Article 142(f), UCMJ, 10 USC § 942(f), to sit on the Court, such judge shall be deemed to be a judge in regular active service under this rule with respect to those matters over which that judge has been recalled or designated to serve. To the extent that a judge in regular active service has been replaced under any circumstance set forth in Article 142(e)(1)(A)(i), (ii), or (iii), 10 USC § 942(e)(1)(A)(i), (ii), or (iii), that judge shall not be included in the constitution of a quorum under this rule.
(Interim change May 11, 1994; amended Oct. 12, 1994; Nov. 1, 1995, eff. Nov. 15, 1995.)
Rule 7. Process
All process of the Court, except mandates, shall be in the name of the United States and shall contain the names and the military rank or civilian office, if any, of the parties.
Rule 8. Parties
(a) The title of any case filed with the Court shall contain the name, military rank and service number of an accused and, where appropriate, the official military or civilian title of any named party who is an agent or officer of the United States acting in such official capacity. In the case of an appeal taken by the United States under Article 62, UCMJ, 10 USC § 862 (1983), the appeal shall be docketed under the same title given to the action in the court-martial with the accused and the United States denominated as the sole parties therein.
(b) The party petitioning for grant of review of a decision of a Court of Criminal Appeals, whether from a decision on appeal by the United States under Article 62, UCMJ, 10 USC § 862 (1983), or from a decision affecting the findings or sentence or both of a court-martial, or from a decision on application for extraordinary relief, will be deemed to be the appellant. Other named parties will be deemed to be appellees.
(c) When a certificate for review is filed by a Judge Advocate General, the party prevailing below on the certified issues will be deemed to be the appellee. The other party will be deemed to be the appellant.
(d) When a mandatory review case is filed, the accused therein will be deemed to be the appellant. The other party will be deemed to be the appellee.
(e) If a petition for grant of review or a certificate for review is filed after an action has been docketed in the same case, the party on whose behalf relief is sought in the second action will be deemed to be the appellant or cross-appellant, depending on whether such party has been deemed to be the appellant or appellee in the first action. The other party in the second action will be deemed to be the appellee or cross-appellee in a similar manner.
(f) The party or parties filing a petition for extraordinary relief with the Court will be deemed the petitioner or petitioners. All parties to the proceeding below other than the petitioner or petitioners will be deemed respondents for all purposes.
(As amended Oct. 1, 1987; Feb. 27, 1991; Oct. 12, 1994; Mar. 26, 1998, eff. May 1, 1998.)
