Justia Opinion Summary and Annotations

The integrated “court-martial system” begins with the court-martial, which determines guilt or innocence and levies punishment. There are four appellate courts: the Court of Criminal Appeals (CCA) for the Army, Navy-Marine Corps, Air Force, or Coast Guard. They review decisions where the sentence is a punitive discharge, incarceration for more than one year, or death. The Court of Appeals for the Armed Forces (CAAF) sits atop the system and is a “court of record” composed of five civilian judges, 10 U.S.C. 941. Ortiz, an Airman First Class, was convicted by a court-martial of possessing and distributing child pornography. He was sentenced to imprisonment and a dishonorable discharge. An Air Force CCA panel, including Colonel Mitchell, affirmed. Judge Mitchell had recently been appointed to the Court of Military Commission Review (CMCR) by the Secretary of Defense under his authority (10 U.S.C. 950f(b)(2)) to “assign [officers] who are appellate military judges” to serve on that court. The President also appointed Judge Mitchell to the CMCR. The Supreme Court affirmed CCA’s holding that Judge Mitchell’s simultaneous service on the CCA and the CMCR violated neither the Appointments Clause nor 10 U.S.C. 973(b)(2)(A), which provides that unless “otherwise authorized by law,” an active-duty military officer “may not hold, or exercise the functions of,” certain “civil office[s]” in the federal government. Even if a seat on CMCR is a covered “civil office” section 950f(b) “otherwise authorize[s]” Judge Mitchell’s service by providing for the assignment of military officers to the CMCR. The Appointments Clause distinguishes between principal officers and inferior officers but does not impose rules about dual service. Ortiz does not show how Judge Mitchell’s CMCR service would result in “undue influence” on his CCA colleagues. In holding that it had jurisdiction over the case, the Court stated that the military justice system’s essential character is judicial and the Court’s appellate jurisdiction covers more than decisions by Article III courts.

Annotation

Primary Holding

Simultaneous service on the Army Court of Criminal Appeals and the Court of Military Commission Review violated neither 10 U.S.C. 973(b)(2)(A), which provides that unless “otherwise authorized by law,” an active-duty military officer “may not hold, or exercise the functions of,” certain “civil office[s]” in the federal government, nor the Appointments Clause.