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United States Coast GuardU.S. Department of Homeland Security

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HomeResourcesLegalCourt-of-Criminal-Appeals

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The Coast Guard Court of Criminal Appeals does not have a standing bar to which you can apply for admission.  This Court relies upon Rule 9(c) of the Courts of Criminal Appeals Joint Rules of Appellate Procedure, which provides that "upon entering an appearance, counsel shall be deemed admitted pro hac vice, subject to filing a certificate setting forth required qualifications if directed by the Court."  Rule 12(a) provides that the filing of any pleading relative to a case constitutes notice of appearance of counsel signing the filing.  When you represent someone in a case before this Court, you simply file a notice of appearance in that case along with a certificate stating your qualifications, per Rule 9(a), in order to be deemed admitted pro hac vice.
 
                        - CGCCA Internal Rules (pre 2019 cases)

## Coast Guard Court of Criminal Appeals

 

A Court of Criminal Appeals, established under Article 66, UCMJ, by the Judge Advocate General, is composed of the Chief Judge and not less than two additional appellate military judges. The judges may be commissioned officers or civilians. The Coast Guard Court of Criminal Appeals is composed of several appellate judges organized in panels of three for consideration of cases. All but the Chief Judge and one other judge have other primary duties, so that their service on the Court constitutes a collateral duty.

If a court-martial trial results in a conviction, and if the sentence includes death, a punitive discharge (bad-conduct discharge or dishonorable discharge), dismissal, or confinement for two years or more, the case is automatically reviewed by the CGCCA (unless waived by the appellant) pursuant to Article 66(b)(3), UCMJ. The CGCCA must review each case for legal sufficiency, factual sufficiency, and sentence appropriateness.

The Court also reviews appeals filed by an accused upon any finding of guilty at a special or general court-martial pursuant to Article 66(b)(1), interlocutory government appeals pursuant to Article 62, interlocutory petitions by a crime victim pursuant to Article 6b(e), other petitions for extraordinary relief filed under 28 U.S.C. § 1651), certain cases pursuant to Article 69, and Petitions for New Trial filed under Article 73.

The Court has the statutory authority to determine whether the findings of guilty and the sentence are correct in law and fact for all courts-martial reviewed under Article 66, UCMJ and to take corrective action if error has occurred. Such action includes setting aside or modifying the findings and the sentence, ordering a rehearing, and dismissing charges and specifications. Unless reversed by a higher court, such action is binding on all parties, including all officials of the United States. The court’s published opinions are binding precedent for the conduct of courts-martial in the Coast Guard.

 

The Court is currently constituted as follows:Chief Judge Lane I. McClellandJudge John F. HavranekJudge Brian M. JudgeJudge Kurt J. BrubakerJudge Scott C. HermanJudge Steven C. MannionJudge Herbert Claiborne PellJudge Vasilios TasikasJudge Brandy ParkerClerk of the Court: Sarah P. ValdesEmail Address:  HQS-DG-CG-094C-CLERK@uscg.mil

The Courtroom, Clerk of the Court’s Office, and Chambers of the Chief Judge are located at:1254 Charles Morris St. SESUITE 320Washington Navy Yard, DC 20374202-685-7696 (Phone)

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