26-1067

26-1067. Court of military appeals; members;
terms; compensation; duties; review; procedures

A. The Arizona court of military appeals is established and is located for
administrative purposes only in the department of emergency and military affairs. The
court shall consist of five judges appointed by the governor on the recommendation of the
adjutant general with the advice of the state judge advocate for a term of six
years. Initial appointments shall be staggered. The term of office for all successor
judges is six years, but any judge appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be appointed only
for the unexpired term of his predecessor. Not more than three judges of the court may
be appointed from the same political party. Judges may succeed themselves in office. A
person is eligible for appointment to this court who, in addition to the requirements of
article VI, section 22, Constitution of Arizona, has at least five years' experience as a
judge advocate in the national guard or armed forces of the United States.

B. The governor shall designate one of the judges to act as chief judge. The chief
judge has precedence and shall preside at any session which he attends. The other judges
have precedence and shall preside according to the seniority of their
appointments. Judges whose commissions bear the same date have precedence according to
seniority in age.

C. The court shall sit in panels of no less than three judges to be selected by the
presiding judge.

D. Judges of the Arizona court of military appeals may be removed by the governor,
on notice and hearing, for neglect of duty or malfeasance in office or for mental or
physical disability but for no other cause.

E. The judges of the Arizona court of military appeals, while actually sitting in
review of a matter placed under their jurisdiction by this chapter, and while traveling
to and from such session, are eligible to receive compensation equal to that compensation
prescribed for the judges of the Arizona court of appeals, as provided by law, together
with the actual cost of meals, lodging and travel expense or the amount set by law if
private transportation is utilized. Payment shall be made from monies appropriated to
the national guard.

F. The Arizona court of military appeals has exclusive appellate and special action
jurisdiction, in appeals filed by this state pursuant to section 26-1062, or on petition
of an accused, to hear and review the record in all general and special court-martial
cases and all summary court-martial cases in which a sentence of confinement has been
adjudged.

G. The accused has thirty calendar days from the time of receipt of actual notice
of the final action on his case by the convening authority under section 26-1060 to
petition the Arizona court of military appeals for review. The court shall act on a
petition within sixty calendar days after receipt. If the court fails or refuses to
grant a petition for review, the final action of the convening authority is deemed
approved. Notwithstanding any other provision of this chapter, if the court grants a
hearing of an appeal, the court may grant a stay or defer service of the sentence of
confinement or any other punishment until the court's final decision on the case.

H. The Arizona court of military appeals may act only with respect to the findings
and sentence as finally approved and ordered executed by the convening authority.

I. If the Arizona court of military appeals sets aside the findings and sentence,
it may, except if the setting aside is based on lack of sufficient evidence in the record
to support the findings, order a rehearing. If it sets aside the findings and sentence
and does not order a rehearing, it shall order that the charges be dismissed. After the
Arizona court of military appeals has acted on the case, the record shall be returned to
the state judge advocate who shall notify the convening authority of the court's
decision. If further action is required the state judge advocate shall instruct the
convening authority to take action in accordance with that decision. If the court has
ordered a rehearing, but the convening authority finds a rehearing impracticable, the
state judge advocate may dismiss the charges.

J. Decisions of the Arizona court of military appeals are subject to review by the
Arizona supreme court by a petition for review in accordance with the Arizona rules of
criminal procedure and the rules of the supreme court of Arizona.

K. With monies appropriated to the national guard, the adjutant general may employ
persons necessary to assist the Arizona court of military appeals in its duties.

L. The general staff with the approval of the governor shall adopt rules necessary
for the administration of the court. The accused has a right to appointed military
counsel for his appeal.