legislation: 96-hr-8188
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| 96-hr-8188 | 96 | hr | 8188 | Court of Military Appeals Act of 1980 | Armed Forces and National Security | 1980-09-24 | 1980-10-08 | Referred to Senate Committee on Armed Services. | House | Rep. White, Richard C. [D-TX-16] | TX | D | W000390 | 5 | (Measure passed House, amended) Court of Military Appeals Act of 1980 - Amends the Uniform Code of Military Justice to eliminate the mandatory review by Courts of Military Review and the Court of Military Appeals of sentences affecting general or flag officers. Stipulates that such amendment shall not apply to cases begun before the effective date of this Act. Revises provisions relating to status, jurisdiction, membership, organization, procedure, and administration of the Court of Military Appeals. States, with regard to membership, that: (1) the Court shall consist of five members (presently three); (2) a member must be a member of the bar of a Federal court or the highest court of a State; and (3) not more than three members may be appointed from the same political party. Allows any retired judge of such court to become a senior judge and to temporarily perform the duties of an acting judge on such court because of such judge's illness or any vacancy on the court. States with regard to procedure, that: (1) the rules of practice may be prescribed by the Court; (2) the accused has 60 days from (a) the date of notification of the decision of a Court of Military Review, or (b) the date on which the decision of a Court of Military Review, after being served on appellate counsel for the accused, is deposited with the post office for delivery to the accused, to petition for review. States with regard to administrative procedures, that the Court: (1) shall provide for the publication of its reports for public use; (2) may appoint and fix the pay of necessary employees; and may make necessary expenditures and set fees for the copying of transcripts and other related documents. Sets forth transition provisions regarding: (1) continuation of status; (2) term of office; (3) employees; and (4) financial disclosure. Provides for Supreme Court review by writ of certiorari of: (1) cases reviewed by the Court of Military Appeals in which the sentence extends to death; (2) issues certified to the Court of Military Appeals by the Judge Advocate General; (3) issues reviewed by the Court of Military Appeals upon petition of the accused; and (4) other issues for which the Court of Military Appeals granted relief. States that Appellate Government counsel may represent the United States before the Supreme Court if so requested by the Attorney General in cases arising under the Military Code. Provides for Appellate defense counsel representation in such cases. Makes technical amendments. | 2025-09-02T13:55:08Z |