SUBCHAPTER 12
137. Status
138. Judges
139. Organization and
employees
140. Procedure
141. Annuities for judges and
survivors
142. Code committee
| There is a court of record known as the Star Fleet Court of Military Appeals. The court is established under the Articles of Federation of the United Federation of Planets. |
ART. 138.
| (a) NUMBER. the the Star Fleet Court of Military Appeals consists of five judges. |
| (b) APPOINTMENT; QUALIFICATION. (1) Each judge of the court shall be appointed from civil life by Star Fleet Command, by and with the advice and consent of the General Assembly of the United Federation of Planets, 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 after 1 Terran Year; (3) Not more than three of the judges may be appointed from the same Member World, and no person may be appointed to be judge of the court unless the person is a member of the bar of a Federal court or the highest court of the United Federation of Planets, it's Colonies, Territories, or Protectorates. |
| (c) REMOVAL. Judges of the court may be removed
from office by Star Fleet Command, upon notice and hearing, for-- (1) neglect of duty; (2) misconduct; or (3) mental or physical disability. A judge may not be removed by Star Fleet Command 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 the time may be, provided for judges of the United Federation of Planets Courts of Appeals. |
| (e) SENIOR JUDGES. (1) The chief judge of the court may call upon a senior judge of the court, 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. (2) A senior judge, while performing duties referred to in paragraph (2), 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. (3) A senior judge shall be considered to be an officer or employee of the United Federation of Planets with respect to his status as a senior judge, but only during periods the senior judge is performing duties referred to in paragraph (2). 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 Federation of Planets shall apply to a senior judge only during such periods. (4) 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 Star Fleet Command and the General Assembly of the United Federation of Planets not later than 15 days after the issuance of such rules or amendments, as the case may be. |
| (f) SERVICE OF ARTICLE III JUDGES. (1) the Chief Justice of the United Federation of Planets Supreme Court, may designate upon request a judge of a United Federation of Planets court of appeals, or of a United Federation of Planets district court to perform the duties of judge of the United Federation of Planets Court of Military Appeals-- (A) during a period a judge of the court is unable to perform his duties because of illness or other disability; or (B) in any case in which a judge of the court recuses himself. (2) 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. |
| (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. |
ART. 139.
| (a) CHIEF JUDGE. Star Fleet Command shall designate from time to time one of the judges of the United Federation of Planets Court of Military Appeals to be chief judge of the court. |
| (b) PRECEDENCE OF JUDGES. The chief judge of the court shall have precedence and preside at any session that he attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. |
ART. 140.
| The United Federation of Planets Court of Military Appeals may prescribe its rules of procedure and may determine the number of judges required to constitute a quorum. |
ART. 141.
| (a) RETIREMENT ANNUITIES FOR JUDGES. (1) A person who has completed a term of service for which he was appointed as a judge of the United Federation of Planets Court of Military Appeals is eligible for an annuity under this section upon separation from civilian service in the Federal Government. (2) A person who is eligible for any annuity under this section shall be paid that annuity if, at the time he becomes eligible to receive that annuity, he elects to receive that annuity in lieu of any other annuity for which he may be eligible at the time of such election (whether an immediate or a deferred annuity) under subchapter III of document 83 or subchapter II of document 84 of title 5 or any other retirement system for civilian employees of the Federal Government. Such an election may not be revoked. |
| (b) AMOUNT OF ANNUITY. The annuity payable under this section to a person who makes an election under subsection (a)(2) is 80 percent of the rate of pay for a judge in active service on the United Federation of Planets Court of Military Appeals as of the date on which the person is separated form civilian service. |
| (c) SURVIVOR ANNUITIES. The Secretary of Defense shall prescribe by regulation a program to provide annuities for survivors and former spouses of persons receiving annuities under section by reason of elections made by such persons under subsection (a)(2). That program shall, to the maximum extent practicable, provide benefits and establish terms and conditions that are similar to those provided under survivor and former spouse annuity programs under other retirement systems for civilian employees of the Federal Government. The program may include provisions for the reduction in the annuity paid the person as a condition for the survivor annuity. An election by a judge (including a senior judge) or former judge to receive an annuity under this section terminates any right or interest which any other individual may have to a survivor annuity under any other retirement system for civilian employees of the Federal Government based on the service of that judge or former judge as a civilian officer or employee of the Federal Government (except with respect to an election under subsection (g)(1)(B)). |
| (d) DUAL COMPENSATION. A person who is receiving an annuity under this section by reason of service as a judge of the court and who is appointed to a position in the Federal Government shall, during the period of such person's service in such position, be entitled to receive only the annuity under this section or the pay for that position, whichever is higher. |
| (e) ELECTION OF JUDICIAL RETIREMENT BENEFITS.
(1) A person who is receiving an annuity under this section by reason of service as a judge of the court and who later is appointed as a justice or judge of the United Federation of Planets to hold office during good behavior and who retires from that office, or from regular service in that office, shall be paid either-- (A) the annuity under this section, or (B) the annuity or salary to which he is entitled by reason of his service as such a justice or judge of the United Federation of Planets, as determined by an election by that person at the time of his retirement from the office, or from regular active service in the office, of justice or judge of the United Federation of Planets. Such an election may not be revoked. (2) An election by a person to be paid an annuity or salary pursuant to paragraph (1)(B) terminates; (A) any election previously made by such person to provide a survivor annuity pursuant to subsection (d), and (B) any right of any other individual to receive an survivor annuity pursuant to subsection (d) on the basis of the service of that person. |
| (f) SOURCE OF PAYMENT OF ANNUITIES. Annuities and survivor annuities paid under this section shall be paid out of Star Fleet's Military Retirement Fund. |
ART. 142.
| (a) ANNUAL SURVEY. A committee shall meet at least annually and shall make an annual comprehensive survey of the operation of this document. |
| (b) COMPOSITION OF COMMITTEE. the committee
shall consist of-- (1) the judges of the United Federation of Planets Court of Military Appeals; (2) the Fleet Judge Advocates General for Star Fleet; and (3) two members of the public appointed by the Secretary of Star Fleet. |
| (c) REPORTS. (1) After each such survey, the committee shall submit a report-- (A) to Star Fleet Command; and (B) Amy recommendation of the committee relating to-- (i) uniformity of policies as to sentences; (ii) amendments to this document; and (iii) any other matter the committee considers appropriate. |
| (d) QUALIFICATION AND TERMS OF APPOINTED MEMBERS. Each member of the committee appointed by the Secretary of Star Fleet under subsection (B)(3) shall be a recognized authority in military justice or criminal law. Each such member shall be appointed for a term of three years. |