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Opinion of the Court
10 U. S. C. § 851. The members decide guilt or innocence and impose sentence unless, of course, the trial is before the judge alone. Ibid. No sentence imposed becomes final until it is approved by the officer who convened the court-martial. Art. 60, UCMJ, 10 U. S. C. § 860.
Military trial judges must be commissioned officers of the Armed Forces 2 and members of the bar of a federal court or a State's highest court. Art. 26, UCMJ, 10 U. S. C. § 826. The judges are selected and certified as qualified by the Judge Advocate General of their branch of the Armed Forces.3 They do not serve for fixed terms and may perform judicial duties only when assigned to do so by the appropriate Judge Advocate General. While serving as judges, officers may also, with the approval of the Judge Advocate General, perform other tasks unrelated to their judicial duties. Ibid. There are approximately 74 judges currently certified to preside at general and special courts-martial. An additional 25 are certified to preside only over special courts-martial.
At the next tier are the four Courts of Military Review, one each for the Army, Air Force, Coast Guard, and Navy-Marine Corps. These courts, which usually sit in three-judge panels, review all cases in which the sentence imposed is for one or more years of confinement, involves the dismissal of a commissioned officer, or involves the punitive discharge of an enlisted servicemember. Art. 66, UCMJ, 10 U. S. C. § 866. The courts may review de novo both factual and legal findings, and they may overturn convictions and sentences. Ibid.
2 All commissioned officers are appointed by the President, with the advice and consent of the Senate. 10 U. S. C. § 531.
3 The Judge Advocate General for each service is the principal legal officer for that service. See 10 U. S. C. § 3037 (Army), § 5148 (Navy-Marine Corps), § 8037 (Air Force); Art. 1(1), UCMJ, 10 U. S. C. § 801(1) (Coast Guard).
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