Military Judges and Military Justice: The Path to Judicial Independence

• NCJ Number: 128933
• Journal: Judicature Volume: 74 Issue: 1 Dated: (June-July 1990) Pages: 14-20
• Author(s): E R Fidell
• Date Published: 1990
• Length: 7 pages
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: Adapted from a paper presented at the Biennial Meetings of the Inter-University Seminar on the Armed Forces and Society, October 28, 1989, Baltimore, MD

Annotation

The article presents the idea that military judges need the protection of a fixed term of office which would buttress both the appearance and the reality of justice in the armed services.

Abstract

The issue revolves around the idea that a judge who does not know with precision when his or her term as a judge will expire is more easily subject to improper influence. The military judges being addressed here are those who preside over general and special courts-martial or sit on the four service Courts of Military Review. The article summarizes the results of a study conducted by the Department of Defense regarding the concept of judicial terms of office. The article also reexamines the justifications that have been offered for the current arrangements and outlines legislation that would remedy the problem while giving appropriate recognition to the needs of the military. 12 tables and 36 notes