Summary of changes
Article 142 — Judges
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Article in one view.
0 amended
0 added
0 removed
42 unchanged
No changes recorded for this Article —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
142(a)
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Original text
NUMBER.—
The United States Court of Appeals for the Armed Forces consists of five judges.
Current text
NUMBER.—
The United States Court of Appeals for the Armed Forces consists of five judges.
142(b)
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Original text
APPOINTMENT; QUALIFICATION.—
Current text
APPOINTMENT; QUALIFICATION.—
142(b)(1)
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Original text
Each judge of the court shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e).
Current text
Each judge of the court shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e).
142(b)(2)
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Original text
Current text
142(b)(2)(A)
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Original text
The term of a judge shall expire as follows:
Current text
The term of a judge shall expire as follows:
142(b)(2)(A)(i)
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Original text
In the case of a judge who is appointed after January 31 and before July 31 of any year, the term shall expire on July 31 of the year in which the fifteenth anniversary of the appointment occurs.
Current text
In the case of a judge who is appointed after January 31 and before July 31 of any year, the term shall expire on July 31 of the year in which the fifteenth anniversary of the appointment occurs.
142(b)(2)(A)(ii)
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Original text
In the case of a judge who is appointed after July 31 of any year and before February 1 of the following year, the term shall expire fifteen years after such July 31.
Current text
In the case of a judge who is appointed after July 31 of any year and before February 1 of the following year, the term shall expire fifteen years after such July 31.
142(b)(2)(B)
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Original text
If at the time of the appointment of a judge the date that is otherwise applicable under subparagraph (A) for the expiration of the term of service of the judge is the same as the date for the expiration of the term of service of a judge already on the court, then the term of the judge being appointed shall expire on the first July 31 after such date on which no term of service of a judge already on the court will expire.
Current text
If at the time of the appointment of a judge the date that is otherwise applicable under subparagraph (A) for the expiration of the term of service of the judge is the same as the date for the expiration of the term of service of a judge already on the court, then the term of the judge being appointed shall expire on the first July 31 after such date on which no term of service of a judge already on the court will expire.
142(b)(3)
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Original text
No person may be appointed to be a judge of the court unless the person is a member of the bar of a Federal court or the highest court of a State.
Current text
No person may be appointed to be a judge of the court unless the person is a member of the bar of a Federal court or the highest court of a State.
142(b)(4)
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Original text
A person may not be appointed as a judge of the court within seven years after retirement from active duty as a commissioned officer of a regular component of an armed force.
Current text
A person may not be appointed as a judge of the court within seven years after retirement from active duty as a commissioned officer of a regular component of an armed force.
142(c)
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Original text
REMOVAL.—
Judges of the court may be removed from office by the President, upon notice and hearing, for—
Current text
REMOVAL.—
Judges of the court may be removed from office by the President, upon notice and hearing, for—
142(c)(1)
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Original text
neglect of duty;
Current text
neglect of duty;
142(c)(2)
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Original text
misconduct; or
Current text
misconduct; or
142(c)(3)
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Original text
mental or physical disability. A judge may not be removed by the President for any other cause.
Current text
mental or physical disability. A judge may not be removed by the President for any other cause.
142(d)
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Original text
PAY AND ALLOWANCES.—
Each judge of the court is entitled to the same salary and travel allowances as are, and from time to time may be, provided for judges of the United States Courts of Appeals.
Current text
PAY AND ALLOWANCES.—
Each judge of the court is entitled to the same salary and travel allowances as are, and from time to time may be, provided for judges of the United States Courts of Appeals.
142(e)
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Original text
SENIOR JUDGES.—
Current text
SENIOR JUDGES.—
142(e)(1)
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Original text
Current text
142(e)(1)(A)
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Original text
A former judge of the court who is receiving retired pay or an annuity under section 945 of this title (article 145) or under subchapter III of chapter 83 or chapter 84 of title 5 shall be a senior judge. The chief judge of the court may call upon an individual who is a senior judge of the court under this subparagraph, with the consent of the senior judge, to perform judicial duties with the court—
Current text
A former judge of the court who is receiving retired pay or an annuity under section 945 of this title (article 145) or under subchapter III of chapter 83 or chapter 84 of title 5 shall be a senior judge. The chief judge of the court may call upon an individual who is a senior judge of the court under this subparagraph, with the consent of the senior judge, to perform judicial duties with the court—
142(e)(1)(A)(i)
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Original text
during a period a judge of the court is unable to perform his duties because of illness or other disability;
Current text
during a period a judge of the court is unable to perform his duties because of illness or other disability;
142(e)(1)(A)(ii)
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Original text
during a period in which a position of judge of the court is vacant; or
Current text
during a period in which a position of judge of the court is vacant; or
142(e)(1)(A)(iii)
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Original text
in any case in which a judge of the court recuses himself.
Current text
in any case in which a judge of the court recuses himself.
142(e)(1)(B)
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Original text
If, at the time the term of a judge expires, no successor to that judge has been appointed, the chief judge of the court may call upon that judge (with that judge’s consent) to continue to perform judicial duties with the court until the vacancy is filled. A judge who, upon the expiration of the judge’s term, continues to perform judicial duties with the court without a break in service under this subparagraph shall be a senior judge while such service continues.
Current text
If, at the time the term of a judge expires, no successor to that judge has been appointed, the chief judge of the court may call upon that judge (with that judge’s consent) to continue to perform judicial duties with the court until the vacancy is filled. A judge who, upon the expiration of the judge’s term, continues to perform judicial duties with the court without a break in service under this subparagraph shall be a senior judge while such service continues.
142(e)(2)
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Original text
A senior judge shall be paid for each day on which he performs judicial duties with the court an amount equal to the difference between—
Current text
A senior judge shall be paid for each day on which he performs judicial duties with the court an amount equal to the difference between—
142(e)(2)(A)
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Original text
the daily equivalent of the annual rate of pay provided for a judge of the court; and
Current text
the daily equivalent of the annual rate of pay provided for a judge of the court; and
142(e)(2)(B)
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Original text
the daily equivalent of the annuity of the judge under section 945 of this title (article 145), the applicable provisions of title 5, or any other retirement system for employees of the Federal Government under which the senior judge receives an annuity.
Current text
the daily equivalent of the annuity of the judge under section 945 of this title (article 145), the applicable provisions of title 5, or any other retirement system for employees of the Federal Government under which the senior judge receives an annuity.
142(e)(3)
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Original text
A senior judge, while performing duties referred to in paragraph (1), shall be provided with such office space and staff assistance as the chief judge considers appropriate and shall be entitled to the per diem, travel allowances, and other allowances provided for judges of the court.
Current text
A senior judge, while performing duties referred to in paragraph (1), shall be provided with such office space and staff assistance as the chief judge considers appropriate and shall be entitled to the per diem, travel allowances, and other allowances provided for judges of the court.
142(e)(4)
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Original text
A senior judge shall be considered to be an officer or employee of the United States with respect to his status as a senior judge, but only during periods the senior judge is performing duties referred to in paragraph (1). For the purposes of section 205 of title 18, a senior judge shall be considered to be a special government employee during such periods. Any provision of law that prohibits or limits the political or business activities of an employee of the United States shall apply to a senior judge only during such periods.
Current text
A senior judge shall be considered to be an officer or employee of the United States with respect to his status as a senior judge, but only during periods the senior judge is performing duties referred to in paragraph (1). For the purposes of section 205 of title 18, a senior judge shall be considered to be a special government employee during such periods. Any provision of law that prohibits or limits the political or business activities of an employee of the United States shall apply to a senior judge only during such periods.
142(e)(5)
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Original text
The court shall prescribe rules for the use and conduct of senior judges of the court. The chief judge of the court shall transmit such rules, and any amendments to such rules, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 15 days after the issuance of such rules or amendments, as the case may be.
Current text
The court shall prescribe rules for the use and conduct of senior judges of the court. The chief judge of the court shall transmit such rules, and any amendments to such rules, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 15 days after the issuance of such rules or amendments, as the case may be.
142(e)(6)
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Original text
For purposes of subchapter III of chapter 83 of title 5 (relating to the Civil Service Retirement and Disability System) and chapter 84 of such title (relating to the Federal Employees’ Retirement System) and for purposes of any other Federal Government retirement system for employees of the Federal Government—
Current text
For purposes of subchapter III of chapter 83 of title 5 (relating to the Civil Service Retirement and Disability System) and chapter 84 of such title (relating to the Federal Employees’ Retirement System) and for purposes of any other Federal Government retirement system for employees of the Federal Government—
142(e)(6)(A)
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Original text
a period during which a senior judge performs duties referred to in paragraph (1) shall not be considered creditable service;
Current text
a period during which a senior judge performs duties referred to in paragraph (1) shall not be considered creditable service;
142(e)(6)(B)
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Original text
no amount shall be withheld from the pay of a senior judge as a retirement contribution under section 8334, 8343, 8422, or 8432 of title 5 or under any other such retirement system for any period during which the senior judge performs duties referred to in paragraph (1);
Current text
no amount shall be withheld from the pay of a senior judge as a retirement contribution under section 8334, 8343, 8422, or 8432 of title 5 or under any other such retirement system for any period during which the senior judge performs duties referred to in paragraph (1);
142(e)(6)(C)
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Original text
no contribution shall be made by the Federal Government to any retirement system with respect to a senior judge for any period during which the senior judge performs duties referred to in paragraph (1); and
Current text
no contribution shall be made by the Federal Government to any retirement system with respect to a senior judge for any period during which the senior judge performs duties referred to in paragraph (1); and
142(e)(6)(D)
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Original text
a senior judge shall not be considered to be a reemployed annuitant for any period during which the senior judge performs duties referred to in paragraph (1).
Current text
a senior judge shall not be considered to be a reemployed annuitant for any period during which the senior judge performs duties referred to in paragraph (1).
142(f)
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Original text
SERVICE OF ARTICLE III JUDGES.—
Current text
SERVICE OF ARTICLE III JUDGES.—
142(f)(1)
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Original text
The Chief Justice of the United States, upon the request of the chief judge of the court, may designate a judge of a United States court of appeals or of a United States district court to perform the duties of judge of the United States Court of Appeals for the Armed Forces—
Current text
The Chief Justice of the United States, upon the request of the chief judge of the court, may designate a judge of a United States court of appeals or of a United States district court to perform the duties of judge of the United States Court of Appeals for the Armed Forces—
142(f)(1)(A)
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Original text
during a period a judge of the court is unable to perform his duties because of illness or other disability;
Current text
during a period a judge of the court is unable to perform his duties because of illness or other disability;
142(f)(1)(B)
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Original text
in any case in which a judge of the court recuses himself; or
Current text
in any case in which a judge of the court recuses himself; or
142(f)(1)(C)
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Original text
during a period when there is a vacancy on the court and in the opinion of the chief judge of the court such a designation is necessary for the proper dispatch of the business of the court.
Current text
during a period when there is a vacancy on the court and in the opinion of the chief judge of the court such a designation is necessary for the proper dispatch of the business of the court.
142(f)(2)
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Original text
The chief judge of the court may not request that a designation be made under paragraph (1) unless the chief judge has determined that no person is available to perform judicial duties with the court as a senior judge under subsection (e).
Current text
The chief judge of the court may not request that a designation be made under paragraph (1) unless the chief judge has determined that no person is available to perform judicial duties with the court as a senior judge under subsection (e).
142(f)(3)
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Original text
A designation under paragraph (1) may be made only with the consent of the designated judge and the concurrence of the chief judge of the court of appeals or district court concerned.
Current text
A designation under paragraph (1) may be made only with the consent of the designated judge and the concurrence of the chief judge of the court of appeals or district court concerned.
142(f)(4)
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Original text
Per diem, travel allowances, and other allowances paid to the designated judge in connection with the performance of duties for the court shall be paid from funds available for the payment of per diem and such allowances for judges of the court.
Current text
Per diem, travel allowances, and other allowances paid to the designated judge in connection with the performance of duties for the court shall be paid from funds available for the payment of per diem and such allowances for judges of the court.
142(g)
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Original text
EFFECT OF VACANCY ON COURT.—
A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court.
Current text
EFFECT OF VACANCY ON COURT.—
A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.