NCJ Number
109920
Journal
Judges' Journal Volume: 26 Issue: 4 Dated: (Fall 1987) Pages: 29-33
Date Published
1987
Length
5 pages
Annotation
This article describes the origin, nature, and development of the U.S. Court of Military Appeals and projects some future issues.
Abstract
The Uniform Code of Military Justice, enacted in May 1950, established direct appellate review of court-martial cases by a civilian court, the Court of Military Appeals, now officially called the United States Court of Military Appeals. For administrative purposes, the court is located in the Department of Defense. Although the judges of the Court of Military Appeals have received the same salary as circuit judges, they have been placed under the civil service retirement system rather than the judicial retirement system applicable to Article III judges. This circumstance, together with the fixed terms of service for court members, has produced significant turnover in the court's membership. The legislative change which has had the greatest significance for the court was made by the Military Justice Act of 1983. All of the court's cases, except those in which the court denies the appellant's petition for review, may be reviewed by the U.S. Supreme Court on writ of certiorari. A commission appointed by the Secretary of Defense in 1983 proposed that the court's judges be brought under the Article III judicial retirement system. Favorable action on this proposal would help to reduce court turnover. In addition to rapid judge turnover, other problems faced by the court are confrontation with the Department of Defense, uncertainty as to the court's authority, and public confusion about the court's role and responsibility. 37 footnotes.