10 U.S.C. § 806a

Art. 6a. Investigation and disposition of matters pertaining to the fitness of military judges

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 10 CasesGoogle Scholar

(a) The President shall prescribe procedures for the investigation and disposition of charges, allegations, or information pertaining to the fitness of a military appellate judge, military judge, or military magistrate to perform the duties of the position involved. To the extent practicable, the procedures shall be uniform for all armed forces.(b) The President shall transmit a copy of the procedures prescribed pursuant to this section to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.(Added Pub. L. 101–189, div. A, title XIII, § 1303, Nov. 29, 1989, 103 Stat. 1576; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 114–328, div. E, title LI, § 5104, Dec. 23, 2016, 130 Stat. 2895.)Editorial NotesAmendments

2016—Subsec. (a). Pub. L. 114–328 substituted “military appellate judge, military judge, or military magistrate to perform the duties of the position involved.” for “military judge or military appellate judge to perform the duties of the judge’s position.”

1999—Subsec. (b). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

1996—Subsec. (b). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.

Statutory Notes and Related SubsidiariesEffective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions

Cited in 6 cases, 1990–2000 · leading case: United States v. Norfleet, 53 M.J. 262 (C.A.A.F. 2000).

Sort: Relevance Newest Treatment

United States v. Norfleet, 53 M.J. 262 (C.A.A.F. 2000). · cites it 2× “8 Subsequently, Congress in 1989 enacted Article 6a, UCMJ, 10 USC § 806a, which requires the President to prescribe procedures governing investigation and disposition of matters concerning the fitness of military judges.”

United States v. Graf, 35 M.J. 450 (1992). “Article 6a, UCMJ, 10 USC § 806a (Nov. 29, 1989), 7 states: § 806a.”

United States v. Mitchell, 39 M.J. 131 (1994). “) Finally, the President acting pursuant to Article 6a, UCMJ, 10 USC § 806a (1989), might also consider these concerns.”

United States v. Mabe, 33 M.J. 200 (1991). “6a, UCMJ, 10 USC § 806a (1989). The absence of any recognition of this sub rosa punishment control in the Manual for Courts-Martial strongly suggests its invalidity.”

United States v. Watruba, 35 M.J. 488 (1992). “6a, UCMJ, 10 USC § 806a]. II Since the bases for Bertelson are gone, *496 what rule should apply? 6 Pursuant to Article 36(a), absent a Codal or Manual rule, this Court should apply the rules generally recognized in the trial of criminal cases in the Federal district court.”

United States v. Graf, 32 M.J. 809 (1990). “Articles 6a and 67, UCMJ, 10 U.S.C. §§ 806a, 867. Nevertheless, it has not considered it necessary to legislate fixed terms of office for military trial and appellate judges.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.