United States Code

USC most recently checked for updates: Feb 29, 2024

§ 942.
Art. 142. Judges
(a)
Number.—
The United States Court of Appeals for the Armed Forces consists of five judges.
(b)
Appointment; Qualification.—
(1)
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).
(2)
(A)
The term of a judge shall expire as follows:
(i)
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.
(ii)
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.
(B)
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.
(3)
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.
(4)
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.
(c)
Removal.—
Judges of the court may be removed from office by the President, upon notice and hearing, for—
(1)
neglect of duty;
(2)
misconduct; or
(3)
mental or physical disability.
A judge may not be removed by the President for any other cause.
(d)
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.
(e)
Senior Judges.—
(1)
(A)
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—
(i)
during a period a judge of the court is unable to perform his duties because of illness or other disability;
(ii)
during a period in which a position of judge of the court is vacant; or
(iii)
in any case in which a judge of the court recuses himself.
(B)
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.
(2)
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—
(A)
the daily equivalent of the annual rate of pay provided for a judge of the court; and
(B)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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—
(A)
a period during which a senior judge performs duties referred to in paragraph (1) shall not be considered creditable service;
(B)
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);
(C)
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
(D)
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).
(f)
Service of Article III Judges.—
(1)
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—
(A)
during a period a judge of the court is unable to perform his duties because of illness or other disability;
(B)
in any case in which a judge of the court recuses himself; or
(C)
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.
(2)
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).
(3)
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.
(4)
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.
(g)
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.
(Added Pub. L. 101–189, div. A, title XIII, § 1301(c), Nov. 29, 1989, 103 Stat. 1570; amended Pub. L. 101–510, div. A, title V, § 541(f), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 102–190, div. A, title X, § 1061(b)(1)(A), (B), (2), Dec. 5, 1991, 105 Stat. 1474; Pub. L. 103–337, div. A, title IX, § 924(c)(1), Oct. 5, 1994, 108 Stat. 2831; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 113–66, div. A, title V, § 531(a), Dec. 26, 2013, 127 Stat. 759; Pub. L. 113–291, div. A, title V, § 540(a), Dec. 19, 2014, 128 Stat. 3371; Pub. L. 114–328, div. A, title V, § 541(b)(2), (c), (d), Dec. 23, 2016, 130 Stat. 2125.)
cite as: 10 USC 942