An Act to amend section 867(a) of title 10, United States Code, in order to establish the Court of Military Appeals as the United States Court of Military Appeals under article I of the Constitution of the United States, and for other purposes
PL 90-340 (S.2634), enacted 06/15/1968

178 
PUBLIC LAW 90-340-JUNE 15, 1968 
[82 STAT. 
June 15, 196{ 
[S.2634] 
Public Law 90-340 
AN ACT 
To amend section 867(a) of title 10, United States Code, in order to establish 
the Court of Military Appeals as the United States Court of Military Appeals 
under article I of the Constitution of the United States, and for other purposes. 
U.S. Court of 
Military Appeals. 
Establishment. 
70A Stat. 60. 
Be H e/ruicted by the Senate and House of RepreHentatlves of the 
United tSfates of America in Congi-ess assembled^ That section 867(a) 
(article 67(a)) of title 10, United States Code, is amended to read 
as follows: 
"(a) (1) There is a United States Court of Military Appeals estab-
lished under article I of the Constitution of the United States and 
located for administrative purposes only in the Department of De-
fense. The court consists of three judges appointed from civil life by 
the President, by and with the advice and consent of the Senate, for 
a term of fifteen years. The terms of office of all successors of the 
judges serving on the effective date of this Act shall expire fifteen 
years after the expiration of the terms for which their predecessors 
were appointed, but any judge appointed to fill a vacancy occurring 
prior to the expiration of the term for which his predecessor was ap-
pointed shall be appointed only for the unexpired term of his predeces-
sor. Not more than two of the judges of the court may be appointed 
from the same political party, nor is any person eligible for appoint-
ment to the court who is not a member of the bar of a Federal court 
or the highest court of a State. Each judge 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 Court of Appeals, and is 
eligible for reappointment. The President shall designate from time to 
time one of the judges to act as chief judge. The chief judge of the 
court shall have precedence and preside at any session which he 
attends. The other judges shall have precedence and preside according 
to the seniority of their commissions. Judges whose commissions bear 
the same date shall have precedence according to seniority in age. 
The court may prescribe its own rules of procedure and determine 
the number of judges required to constitute a quorum. A vacancy in 
the court does not impair the right of the remaining judges to exercise 
the powers of the court. 
"(2) Judges of the laiited States Court of Military Appeals may 
be removed by the President, upon notice and hearing, for neglect 
of duty or malfeasance in office, or for mental or physical disability, 
but for no other cause. 
"(3) If a judge of the United States Court of Military Appeals is 
temporarily unable to perform his duties because of illness or other 
disability, the President may designate a judge of the United States 
Court of Appeals for the District of Columbia to fill the office for 
the period of disability. 
"(4) Any judge of the United States Court of Military Appeals 
who is receiving retired pay may become a senior judge, may occupy 
offices in a Federal building, may be provided with a staff assistant 
whose compensation shall not exceed the rate prescribed for GS-9 in 
the General Schedule under section 5832 of title 5, and, with his con-
sent, may be called upon by the chief judge of said court to perform 
judicial duties with said court for any period or periods specified by 
such chief judge. A senior judge who is performing judicial duties 
pursuant to this subsection" shall be paid the same compensation (in 
lieu of retired pay) and allowances for travel and other expenses as 
a judge," 
SEC. 2. The United States Court of Military Appeals established 
under this Act is a continuation of the Court of Military Appeals as 
82 STAT. ] 
PUBLIC LAW 90-340-JUNE 15, 1968 
179 
it existed prior to the effective date of this Act, and no loss of rights 
or powers, interruption or jurisdiction, or prejudice to matters pending 
in the Court of Military Appeals before the effective date of this Act 
shall result. A judge of the Court of Military Appeals so serving 
on the day before the effective date of this Act shall, for all purposes, 
be a judge of the United State (^ourt of Military Appeals under this 
Act. 
Approved June 15, 1968.