10 U.S.C. § 942 : US Code - Section 942: Art. 142. Judges

Search 10 U.S.C. § 942 : US Code - Section 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) The term of a judge shall expire as follows:
(A) In the case of a judge who is appointed after March 31 and
before October 1 of any year, the term shall expire on September
30 of the year in which the fifteenth anniversary of the
appointment occurs.
(B) In the case of a judge who is appointed after September 30
of any year and before April 1 of the following year, the term
shall expire fifteen years after such September 30.
(3) Not more than three of the judges of the court may be
appointed from the same political party, and 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) For purposes of appointment of judges to the court, a person
retired from the armed forces after 20 or more years of active
service (whether or not such person is on the retired list) shall
not be considered to be in civilian life.
(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
daily equivalent of the annual rate of pay provided for a judge of
the court. Such pay shall be in lieu of retired pay and in lieu of
an annuity under section 945 of this title (article 145),
subchapter III of chapter 83 or subchapter II of chapter 84 of
title 5, or any other retirement system for employees of the
Federal Government.
(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.