With the expiration of Judge Baker’s appointment to CAAF this past summer, and the nomination of CAAF’s commissioner, John E. Sparks, to fill the vacancy still pending (both matters discussed in this post), CAAF is currently a four-judge court. In recent years that meant a senior judge would join the court, pursuant to Article 142(e). But Article 142(f) allows the Chief Justice to designate an Article III judge to fill that role.

And that’s exactly what’s happening this term:

No. 15-0087/MC. U.S. v. Carlton Wilder, Jr. CCA 201400118.
No. 15-0384/CG & 15-0387/CG. U.S. v. Christopher S. Cooley. CCA 1389.
No. 15-0425/AF. U.S. v. Alan J. Killion, Jr. CCA S32193.
No. 15-0477/AF. U.S. v. Nicholas E. Busch. CCA 38530.

At the request of Chief Judge Charles E. “Chip” Erdmann, Chief Justice John G. Roberts, Jr., has designated Judge Albert Diaz of the United States Court of Appeals for the Fourth Circuit to perform the duties of a Judge of the United States Court of Appeals for the Armed Forces for the above captioned cases pursuant to Article 142(f), Uniform Code of Military Justice, 10 U.S.C. § 942(f)(2012).

No. 15-0140/AR. U.S. v. Henry L. Williams III. CCA 20130284.
No. 15-0172/MC. U.S. v. Francis L. Captain. CCA 201300137.
No. 15-0334/MC. U.S. v. Quantaus R. Riggins. CCA 201400046.
No. 15-0361/MC. U.S. v. Matthew P. Hoffman. CCA 201400067.
No. 15-0413/AF. U.S. v. Sebastian P. LaBella. CCA 37679.
No. 15-0476/AR. U.S. v. Eric L. Rapert. CCA 20130309.

At the request of Chief Judge Charles E. “Chip” Erdmann, Chief Justice John G. Roberts, Jr., has designated Senior Judge Royce C. Lamberth of the United States District Court for the District of Columbia to perform the duties of a Judge of the United States Court of Appeals for the Armed Forces for the above captioned cases pursuant to Article 142(f), Uniform Code of Military Justice, 10 U.S.C. § 942 (f) (2012).

The last time this occurred was in United States v. Schweitzer, 68 M.J. 133 (C.A.A.F. 2009), and United States v. Ashby, 68 M.J. 108 (C.A.A.F. 2009), when then-Chief Judge Effron, Judge Baker, and Judge Ryan all recused themselves. See 67 M.J. 265-266.

4 Responses to “Federal judges designated to cover CAAF’s vacancy”

  1. Charlie Gittins says:

    Judge Lamberth has always been pretty hard on the DoN in the DDC.  I think I’ll break out my popcorn.  I might have to watch an oral argument as well.

  2. John O'Connor says:

    I think Judges Sentelle and Sporkin did some CAAF cases in the 1990s.
     
    Judge Diaz, of course, is a Code 46 alum.

  3. Dew_Process says:

    S.J. Lamberth was an Army JAG who served in Vietnam and has been involved with numerous GTMO habeas cases. 

  4. RKincaid3 (RK3PO) says:

    Hmmm….real Art III judges sitting on a military court?  I LOVE IT.  Get ready for some real American justice–I hope.  Fingers crossed…