United States 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 United States 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.
States with regard to organization that: (1) the seal of the Court shall be judicially noticed; (2) a majority of the Court shall constitute a quorum (presently two judges for a quorum); and (3) the principal office of the Court shall be in the District of Columbia, but the Court may sit at any other place it designates.
States with regard to procedure that: (1) the rules of practice may be prescribed by the Court; and (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 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 (3) may make necessary expenditures and set fees for the copying of transcripts and other related documents.
Allows any retired judge of the Court to become a senior judge, and with his or her consent, to be called upon by the chief judge of such Court to perform judicial duties for any period.
Sets forth transition provisions regarding: (1) continuation of status; (2) term of office; and (3) employees.
Provides for Supreme Court review by writ of certiorari of: (1) cases reviewed by the United States 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.
Amends the Ethics in Government Act of 1978 to make the financial disclosure requirements of such Act applicable to the judicial officers and certain employees of the United States Court of Military Appeals.
Introduced in Senate
Referred to Senate Committee on Armed Services.
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