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The United States Court of Appeals for the Armed Forces exercises worldwide appellate jurisdiction over members of the 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 with the advice and consent of the Senate.
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. Decisions by the Court are subject to direct review by the Supreme Court of the United States.
"The Court, an independent tribunal established under Article I of the Constitution, . . . regularly interprets federal statutes, executive orders, and departmental regulations. The Court also determines the applicability of constitutional provisions to members of the armed forces. Through its decisions, the Court has a significant impact on the state of discipline in the armed forces, military readiness, and the rights of servicemembers. The Court plays an indispensable role in the military justice system." - Senate Report No. 101-81, at 171 (1989).
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Courts-martial are judicial proceedings conducted by the armed forces. The Continental Congress first authorized the use of courts-martial in 1775. From the time of the 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.
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.
In 1948, Congress enacted significant reforms in 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 servicemembers 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.
As initially established, the Court was the final authority on cases arising under the military justice system, except for a limited number of cases considered by the Supreme Court of the United States under collateral proceedings, such as through writs of habeas corpus. In 1983, Congress authorized direct appeal to the Supreme Court of cases decided by the U.S. Court of Military Appeals, except for cases involving denial of a petition for discretionary review.
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.
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Since October 31, 1952, the Court has been located in Judiciary Square in the federal courthouse at 450 E Street, N.W., Washington, D.C. 20442-0001. The courthouse, listed on the National Register of Historic Places, was erected in l9l0, and was formerly the home of the United States Court of Appeals for the District of Columbia Circuit. Persons interested in visiting the courthouse should contact the Clerk of the Court.
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Since 1951, over 32,000 lawyers have been admitted to membership in the Bar of the United States Court of Appeals for the Armed Forces. In addition, honorary memberships have been extended to lawyers from around the world who are knowledgeable in military justice. A lawyer who seeks admission to the Bar of the Court must be a member of the Bar of a Federal court or the highest court of a State, Territory, Commonwealth or Possession. The Code of Professional Responsibility of the American Bar Association has been adopted by the Court to govern practice by the Bar.
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The judges of the Court sit as a single panel on all cases. Typically, all five judges participate in each case, but the Court’s rules provide that a quorum is established by participation of a majority of the active judges. The Chief Judge also has discretion to call upon a former judge of the Court who is in senior judge status to sit as a senior judge if an active judge is unable to participate. If a senior judge is not available, the Chief Judge may request that the Chief Justice of the United States designate a judge of a United States Court of Appeals or United States District Court to serve with the Court.
Article 142 of the UCMJ provides that each judge “shall be appointed from civilian life.” To underscore the civilian nature of the Court, the statute provides that a person who has retired from the armed forces after 20 or more years of active service “shall not be considered to be in civilian life.”
The judges are linked to the judges of the Article III courts of appeals for purposes of compensation.
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.
Current Judges; Judicial Oath Taken; Expiration of Term
H.F. “Sparky” Gierke (Chief Judge); Nov. 20, 1991; Sept. 30, 2006
Susan J. Crawford; Nov. 19, 1991; Sept. 30, 2006
Andrew S. Effron; Aug. 1, 1996; Sept. 30, 2011
James E. Baker; Sept. 19, 2000; Sept. 30, 2015
Charles E. “Chip” Erdmann Oct.; 15, 2002 Sept.; 30, 2017
Prior Judges; Active service
Robert E. Quinn; June 20, 1951 - April 25, 1975
George W. Latimer; June 20, 1951 - May 1, 1961
Paul W. Brosman; June 20, 1951 - Dec. 21, 1955
Homer Ferguson; April 9, 1957 - May 21, 1976
Paul J. Kilday; Sept. 25, 1961 - Oct. 12, 1968
William H. Darden; Nov. 13, 1968 - Dec. 29, 1973
Robert M. Duncan; Nov. 29, 1971 - July 11, 1974
William H. Cook; Aug. 21, 1974 - June 30, 1984
Albert B. Fletcher, Jr.; April 30, 1975 - Sept. 11, 1985
Matthew J. Perry; Feb. 18, 1976 - Sept. 22, 1979
Robinson O. Everett; April 16, 1980 - Jan. 1, 1992
Walter T. Cox III; Sept. 6, 1984 - Sept. 18, 2000
Eugene R. Sullivan; May 27, 1986 - Sept. 30, 2002
Robert E. Wiss; Jan. 2, 1992 - Oct. 23, 1995
Chief Judges
Robert E. Quinn (l95l - l97l)
William H. Darden (l97l - l973)
Robert M. Duncan (l973 - l974)
Albert B. Fletcher, Jr. (l975 - l980)
Robinson O. Everett (l980 - l990)
Eugene R. Sullivan (l990 - 1995)
Walter T. Cox III (1995 - 1999)
Susan J. Crawford (1999 - 2004)
H.F. "Sparky" Gierke (2004 - present)
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Article 146 of the UCMJ establishes a committee to meet annually for the purpose of making an annual survey of the operation of the UCMJ. The Committee is composed of the judges of the U.S. Court of Appeals for the Armed Forces, the Judge Advocate General of the Army, the Judge Advocate General of the Navy, the Judge Advocate General of the Air Force, the Judge Advocate General of the Coast Guard, the Staff Judge Advocate to the Commandant of the Marine Corps, and two members of the public appointed by the Secretary of Defense. The meetings are open to the public. Notice of the meetings is published in the Federal Register and on this Web page. The Annual Reports of the Committee are published in West’s Military Justice Reporter. The reports also are available on the Court’s web site, or by writing to the Clerk of the Court.
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