Maryland Code, PUBLIC SAFETY 13A-908
Terms Used In Maryland Code, PUBLIC SAFETY 13A-908
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Convening authority: includes :
(1) the person who convened the court; and
(2) (i) a commissioned officer commanding for the time being; or
(ii) a successor in command to the convening authority. See - Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state:
(1) (i) certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, or the Marine Corps or designated as a law specialist as an officer of the Coast Guard, or a reserve component of one of these; or
(ii) certified as a non-federally recognized judge advocate, under regulations adopted pursuant to this provision, by the senior judge advocate of the commander of the force in the state military forces of which the accused is a member, as competent to perform such military justice duties required by this code; or
(2) if no judge advocate certified under item (1) of this subsection is available, certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs. See - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military judge: means an official of a general or special court-martial detailed in accordance with § 13A-505 of this title. See
- Officer: means a commissioned or warrant officer. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) The Court of Military Appeals shall follow the federal Manual for Courts-Martial and procedures as provided by the court of criminal appeals for the service of the defendant.
(3) The court shall have three judges present to convene.
(4) The Chief Judge may convene the court and may appoint alternates.
(5) The court has the authority to adopt a seal.
(b) (1) The Governor shall:
(i) appoint up to 10 judges, but at least three, to the court for 5-year terms; and
(ii) appoint one judge as Chief Judge.
(2) Judges are not limited to one term.
(3) Judges should have demonstrated experience in military law and be a member of the Maryland Bar.
(c) The Court of Military Appeals shall have power over:
(1) the issuance of extraordinary writs relative to all matters arising under:
(i) the provisions of this title;
(ii) the Uniform Code of Military Justice;
(iii) any regulation issued by the Governor pertaining to members of the Maryland organized militia; and
(iv) court-martial actions pending before any military judge of the Maryland Military Department;
(2) adjudicating appeals by victims as described in § 13A-105 of this title; and
(3) adjudicating appeals of sentences of a court-martial that have been approved by the convening authority, which may include:
(i) dismissal, in the case of a commissioned or warrant officer;
(ii) dishonorable discharge, in the case of an enlisted person;
(iii) bad-conduct discharge, in the case of an enlisted person;
(iv) forfeiture of all pay and allowances; and
(v) any confinement.
(d) (1) An appellant must petition the court for review, which is a right on request.
(2) There is no automatic review of sentence.
(3) An appellant may waive the right to review.
(e) The Maryland National Guard State Judge Advocate shall:
(1) provide a full-time clerk for the court whose office shall be located with the Maryland National Guard Headquarters; and
(2) provide administrative support for appellate judges, as required.