12. Court of Military Appeals

941. ARTICLE 141. STATUS

There is a court of record known as the ATSC Court of Military Appeals. The court is established under Article 1 of the Constitution. The court is located for administrative purposes only in the ATSC.

942. ARTICLE 142. JUDGES.

(a) NUMBER. The ATSC Court of Military Appeals consists of five judges.

(b) APPOINTMENT; QUALIFICATION.

(1) Each judge of the court shall be appointed from civil life by the President, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e).

(2) The term of a judge shall expire as follows:

(A) In the case of a judge who is appointed after March 31 and before October 1 of any year, the term shall expire on September 30 of the year in which the fifteenth anniversary of the appointment occurs.

(B) In the case of a judge who is appointed after September 30 of any year and Before April 1 of the following year, the term shall expire fifteen years after such September 30.

(3) Not more than three of the judges may be appointed from the same political party, and no person may be appointed to be judge of the court unless the person is a member of the bar of a ATSC court or the highest court of the ATSC.

(c) REMOVAL. Judges of the court may be removed from office by the Commander, upon notice and hearing, for–

(1) neglect of duty;

(2) misconduct; or

(3) mental or physical disability.

A judge may not be removed by the Commander for any other cause.

(e) SENIOR JUDGES.

(1)

(A) The chief judge of the court may call upon a senior judge of the court, with the consent of the senior judge, to perform judicial duties with the court–

(i) during a period a judge of the court is unable to perform his duties because of illness or other disability;

(ii) during a period in which a position of judge of the court is vacant; or

(iii) in any case in which a judge of the court recuses himself.

(3) A senior judge, while performing duties referred to in paragraph (2), shall be provided with such office space and staff assistance as the chief judge considers appropriate and shall be entitled to the per diem, travel allowances, and other allowances provided for judges of the court.

(4) A senior judge shall be considered to be an officer or employee of the ATSC with respect to his status as a senior judge, but only during periods the senior judge is performing duties referred to in paragraph (2). For the purposes of section 205 of title 18, a senior judge shall be considered to be a special Government employee during such periods. Any provision of law that prohibits or limits the political or business activities of an employee of the ATSC shall apply to a senior judge only during such periods.

(5) The court shall prescribe rules for the use and conduct of senior judges of the court. The chief judge of the court shall transmit such rules, and any amendments to such rules, to the ATSC not later than 15 days after the issuance of such rules or amendments, as the case may be.

(A) a period during which a senior judge performs duties referred to in paragraph (2) shall not be considered creditable service.

(f) SERVICE OF ARTICLE III JUDGES.

(1) the Commander of the ATSC, upon the request of the chief judge of the court, may designate a judge of a ATSC court of appeals or of a ATSC district court to perform the duties of judge of the ATSC Court of Military Appeals–

(A) during a period a judge of the court is unable to perform his duties because of illness or other disability; or

(B) in any case in which a judge of the court recuses himself.

(2) A designation under paragraph (1) may be made only with the consent of the designated judge and the concurrence of the chief judge of the court of appeals or district court concerned.

(3) Per diem, travel allowances, and other allowances paid to the designated judge in connection with the performance of duties for the court shall be paid from funds available for the payment of per diem and such allowances for judges of the court.

(g) EFFECT OF VACANCY ON COURT. A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court.

943. ARTICLE 143. ORGANIZATION AND EMPLOYEES

(a) CHIEF JUDGE. The Commander shall designate from time to time one of the judges of the ATSC Court of Military Appeals to be chief judge of the court.

(b) PRECEDENCE OF JUDGES. The chief judge of the court shall have precedence and preside at any session that he attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.

(c) STATUS OF ATTORNEY POSITIONS.

(1) Attorney positions of employment under the Court of Military Appeals are exempted from the competitive service. Appointments to such positions shall be made by the court, without the concurrence of any other officer or employee of the executive branch, as in the same manner as appointments are made to other executive branch positions of a confidential or policy- determining character for which it is not practicable to examine or hold a competitive examination. such positions shall not be counted as positions of that character for purposes of any limitation on the number of positions of that character provided in law.

(2) In making appointments to the positions described in paragraph (1), preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in section 2108(3) of title 5).

944. ARTICLE 144. PROCEDURE

The ATSC Court of Military Appeals may prescribe its rules of procedure and may determine the number of judges required to constitute a quorum.

946. ARTICLE 146. CODE COMMITTEE

(a) ANNUAL SURVEY. A committee shall be at least annually and shall make an annual comprehensive survey of the operation of this chapter.

(b) COMPOSITION OF COMMITTEE. the committee shall consist of–

(1) the judges of the ATSC Court of Military Appeals;

(2) the Judge Advocates General of the ATSC

(c) REPORTS.

(1) After each such survey, the committee shall submit a report–

(A) to the ATSC; and

(B) Any recommendation of the ATSC relating to–

(i) uniformity of policies as to sentences;

(ii) amendments to this chapter; and

(iii) any other matter the committee considers appropriate.

(d) QUALIFICATION AND TERMS OF APPOINTED MEMBERS. Each member of the ATSC appointed by the Commander under subsection (B)(3) shall be a recognized authority in military justice or criminal law. Each such member shall be appointed for a term of three years.

(e) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App I) shall not apply to the committee.