William & Mary Bill of Rights Journal Volume 3 (1994) Issue 2 Article 5 February 1994 Needed: An Independent Military Judiciary- A Proposal to Amend the Uniform Code of Military Justice Fredric I. Lederer William & Mary Law School,
[email protected] Barbara S. Hundley Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Military, War, and Peace Commons Repository Citation Fredric I. Lederer and Barbara S. Hundley, Needed: An Independent Military Judiciary- A Proposal to Amend the Uniform Code of Military Justice, 3 Wm. & Mary Bill Rts. J. 629 (1994), https://scholarship.law.wm.edu/wmborj/vol3/iss2/5 Copyright c 1994 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj NEEDED: AN INDEPENDENT MILITARY JUDICIARY-A PROPOSAL TO AMEND THE UNIFORM CODE OF MILITARY JUSTICE Fredric I. Lederer* Barbara S. Hundley*" It is the sense of the American Judges Association that our Judicial Brethren [in uniform] are not adequately protected from the bureaucracy of the military organization under existing service personnelpolicies and applicable legislation. To achieve [the] separate, independent status the AJA deems healthy for any Judiciary, the 145 or so officers presiding over the criminal trials must be guaranteed a capability to function within, but independent of the military organizations they serve.' In April of 1994, the United States Court of Military Appeals,2 faced with an attack alleging at least a perception of partiality and dependence of the appellate judges of the United States Navy-Marine Corps Court of Military Review, held that annual rating of the appellate judges did not violate the Fifth Amendment, provisions of the Uniform Code of Military Justice, or the Rules for Courts-Martial.