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1 1 (December 22, 2022)

handle is hein.crs/govejwx0001 and id is 1 raw text is: Congressional Research Service Informing the legisiative debate since 1914 December 22, 2022 U.S. Court of Appeals for the Armed Forces: A Brief Introduction The U.S. Court of Appeals for the Armed Forces (CAAF) provides the exclusive forum for those convicted at courts- martial under the Uniform Code of Military Justice (UCMJ) to appeal the decisions of the Army, Navy-Marine Corps, Air Force, and Coast Guard Courts of Criminal Appeals (CCAs), the military service branches' appellate courts. This In Focus describes the CAAF's creation, jurisdiction, authority, and procedures before identifying issues that may interest the 118th Congress. Creation Using its authority under Article I of the U.S. Constitution, Congress established the CAAF (then called the Court of Military Appeals) on May 5, 1950 (Pub. L. No. 81-506). (For more information on Article I courts, see CRS Report R43746, Congressional Power to Create Federal Courts: A Legal Overview.) The National Defense Authorization Act for FY1995 (P.L. 103-337) gave the CAAF its current name. For administrative purposes only, the CAAF is part of the Department of Defense. The statutes governing the CAAF are located in chapter 47, subchapters IX and XII of title 10 of the U.S. Code. jurisdiction and Authority The CAAF has exclusive jurisdiction over appeals of decisions of the CCAs, which, for their part, have exclusive jurisdiction over appeals of court-martial determinations. Decisions and determinations made within the military legal system concern alleged infractions of the UCMJ, the governing criminal code for the U.S. Armed Forces. The UCMJ applies to active-duty servicemembers; military retirees receiving pay; reserve component and National Guard members under particular conditions; and other individuals delineated in 10 U.S.C. § 802. (For additional information on the military legal system, see CRS Report R46503, Military Courts-Martial Under the Military Justice Act of 2016.) As a general matter, the CAAF reviews legal issues without deference to the determinations of lower courts. In these proceedings, the CAAF is to defer to lower courts' factual findings and only overturn such findings if clearly erroneous. The CAAF also has the authority under the All Writs Act, 28 U.S.C. § 1651, to issue writs-special types of court orders-to aid its jurisdiction. For example, the CAAF has issued writs of mandamus to compel officials to carry out certain legally required functions and writs of prohibition ordering lower courts to cease activities barred by law. juciges The CAAF consists of five judges, including a chief judge; the most senior judge serves as chief judge. Judges are nominated by the President and confirmed by the Senate for a fixed term of 15 years. (There is no statutory bar on reappointing judges.) Nominations and hearings for prospective CAAF judges proceed through the Senate Committee on Armed Services. Before the expiration of her term, a judge can be removed by the President only for neglect of duty, misconduct, or mental or physical disability. There are currently five active judges on the CAAF. Judges must be civilians and cannot be appointed to the CAAF within seven years of being a commissioned officer in a regular component of the Armed Forces. Four of the five current judges previously served in the military. In addition to active judges, the CAAF uses senior judges, who are former CAAF judges that are receiving retirement pay or an annuity for their service. The chief judge may call upon senior judges, with their consent, to perform judicial duties during periods when an active judge is unable to perform her duties due to illness or disability; there is a vacancy on the court; or a judge recuses from a case. There are currently eight senior judges. The chief judge may request that the Chief Justice of the United States designate an Article III judge of a U.S. court of appeals or district court to perform the duties of a CAAF judge. The chief judge may do this in the same situations in which a senior judge may be called upon to perform the duties of a judge, provided that the chief judge determines that no senior judge is available. The Article III judge and the chief judge of the relevant U.S. court of appeals or district court must consent to such a designation. Court Proceedings Proceedings before the CAAF are adversarial. Government attorneys are appointed to represent individuals by their respective military service; individuals may also retain private counsel. The government is represented by attorneys from the case's originating military service branch. Only attorneys who meet certain requirements may be admitted to practice before the CAAF. The CAAF generally sits in Washington, DC, but has the authority to sit anywhere in the United States. Several times per year, the CAAF holds oral arguments at law schools and military installations.

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