[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 14925-14926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07297]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2018-OS-0019]


Joint Rules of Appellate Procedure for Courts of Criminal Appeals

AGENCY: Joint Rules of Appellate Procedure for Courts of Criminal 
Appeals Committee, Department of Defense.

ACTION: Notice of availability of final changes to the Joint Rules of 
Appellate Procedure for Courts of Criminal Appeals (JRAP).

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SUMMARY: DoD updated the JRAP, which prescribe uniform procedures for 
the service Courts of Criminal Appeals. The changes implement the 
Military Justice Act of 2016 of the National Defense Authorization Act 
of 2017 and the 2018 Amendments to the Manual for Courts-Martial, 
United States. The approval authorities for these changes are the Judge 
Advocates General of the Army, Department of the Navy, Air Force, and 
Coast Guard.

DATES: The JRAP updates are effective January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Sarah Valdez, Clerk of the Court, 
United States Coast Guard Court of Criminal Appeals, (202) 795-6906, 
[email protected].

SUPPLEMENTARY INFORMATION: The Department of Defense published a notice 
of availability of proposed changes to the Joint Rules of Appellate 
Procedure for Courts of Criminal Appeals on April 17, 2018 (83 FR 
16841) for a 30-day public comment period. No public comments were 
received. The revisions to the JRAP are substantial and need to be read 
in their entirety. The JRAP revisions are available electronically at 
the Federal eRulemaking Portal at http://www.regulations.gov within 
Docket ID: DOD-2018-OS-0019. A summary of the most significant changes 
to the Joint Rules of Appellate Procedure are as follows:

Rule 5--Jurisdiction

    Currently, appellants are entitled to an appeal as of right in 
cases in which the approved sentence extends to death, a punitive 
discharge, or confinement for a year or more. The Military Justice Act 
of 2016 of the National Defense Authorization Act of 2017 (MJA '16) 
changes provide for automatic review in cases where confinement of two 
years or more is approved instead of one. Additionally, if an appellant 
affirmatively requests review, Court of Criminal Appeals (CCA) now have 
jurisdiction in cases in which the appellant received an approved 
sentence of over six months, cases in which the United States has filed 
an appeal under Article 62 or 56(d) UCMJ. The new rule conforms to this 
new jurisdiction.
    The new Rule 5 also conforms to the changes in jurisdiction noted 
below, including appeals of sentences by the United States and the 
review of contempt findings by military judges and magistrates.

Rule 20--Appeals by the United States, Including the Appeal of 
Sentences

    MJA '16 provides for the United Sates to appeal sentences to the 
CCAs on the basis that the sentence violates the law or is plainly 
unreasonable. The new Rule 20 (formerly Rule 21) provides for the 
filing of such an appeal within 60 days of the entry of judgment.

Rule 22--Briefs by Amicus Curiae

    This is a new rule not responsive to an MJA '16 provision and 
addresses a subject not previously addressed in the joint rules, though 
service court rules have permitted amici. The new rule permits amici to 
file briefs by invitation of the court or my motion for leave to file. 
Unless the movant is a victim of an offense, potential amici must state 
whether the parties have consented to the filing.

Rule 28--Contempt

    This is an entirely new rule necessitated by MJA '16 changes. CCAs 
may now review contempt findings made by military judges and 
magistrates. The new rule provides a procedure for this review.

Rule 29--Article 66(f) Proceedings

    This is an entirely new rule necessitated by MJA '16 changes 
creating Art. 66(f)(3)(``Additional Proceedings'') and RCM 810, which 
effectively codify and expand DuBay. The rule mimics FRAP language, 
specifies that the Court retains jurisdiction when it orders a remand 
unless it explicitly dismisses the appellate proceedings, and it 
provides procedural guidance for hearings.
    This notice is intended only to improve the internal management of 
the Federal Government. It is not intended to create any right or 
benefit, substantive or procedural, enforceable at law by any party 
against the United States, its agencies, its officers, or any person.


[[Page 14926]]


    Dated: April 9, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2019-07297 Filed 4-11-19; 8:45 am]
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