[United States Government Manual]
[June 01, 2004]
[Pages 75-76]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 75]]

Special Courts

The Supreme Court has held that ``. . . Article III [of the 
Constitution] does not express the full authority of Congress to create 
courts, and that other Articles invest Congress with powers in the 
exertion of which it may create inferior courts and clothe them with 
functions deemed essential or helpful in carrying those powers into 
execution.'' Such courts, known as legislative courts, have functions 
which ``. . . are directed to the execution of one or more of such 
powers and are prescribed by Congress independently of section 2 of 
Article III; and their judges hold office for such term as Congress 
prescribes, whether it be a fixed period of years or during good 
behavior.'' Appeals from the decisions of these courts, with the 
exception of the U.S. Tax Court and the U.S. Court of Appeals for the 
Armed Forces, may be taken to the U.S. Court of Appeals for the Federal 
Circuit. Appeals from the decisions of the Tax Court may be taken to the 
court of appeals in which judicial circuit the case was initially heard. 
Certain decisions of the U.S. Court of Appeals for the Armed Forces are 
reviewable by writ of certiorari in the Supreme Court.
United States Court of Federal Claims  The U.S. Court of Federal Claims, 
formerly known as the U.S. Claims Court, has jurisdiction over claims 
seeking money judgments against the United States. A claim must be 
founded upon the United States Constitution; an act of Congress; the 
regulation of an executive department; an express or implied-in-fact 
contract with the United States; or damages, liquidated or unliquidated, 
in cases not sounding in tort. Judges in the U.S. Court of Federal 
Claims are appointed by the President for 15-year terms, subject to 
Senate confirmation. Appeals are to the U.S. Court of Appeals for the 
Federal Circuit.

For further information, contact the Clerk, United States Court of 
Federal Claims, 717 Madison Place NW., Washington, DC 20005-1086. Phone, 
202-208-4968.

United States Court of Appeals for the Armed Forces  This court was 
established under Article I of the Constitution of the United States 
pursuant to act of May 5, 1950, as amended (10 U.S.C. 867). Subject only 
to certiorari review by the Supreme Court of the United States in a 
limited number of cases, the court serves as the final appellate 
tribunal to review court-martial convictions of all the Armed Forces. It 
is exclusively an appellate criminal court, consisting of five civilian 
judges who are appointed for 15-year terms by the President with the 
advice and consent of the Senate. The court is called upon to exercise 
jurisdiction to review the record in all cases:
    --extending to death;
    --certified to the court by a Judge Advocate General of an armed 
force or by the General Counsel of the Department of Transportation, 
acting for the Coast Guard; or
    --petitioned by accused who have received a sentence of confinement 
for 1 year or more, and/or a punitive discharge.
    The court also exercises authority under the All Writs Act (28 
U.S.C. 1651 (a)).
    In addition, the judges of the court are required by law to work 
jointly with the senior uniformed lawyer from each armed force, the 
Chief Counsel of the Coast Guard, and two members of the public 
appointed by the Secretary of Defense, to make an annual comprehensive 
survey and to report annually to the Congress on the operation and 
progress of the military justice system under the Uniform Code of 
Military Justice, and to recommend improvements wherever necessary.

For further information, contact the Clerk, United States Court of 
Appeals for the Armed Forces, 450 E Street NW., Washington, DC 20442-
0001. Phone, 202-761-1448. Fax, 202-761-4672. Internet, 
www.armfor.uscourts.gov.

United States Tax Court  This is a court of record under Article I of 
the Constitution of the United States (26 U.S.C. 7441). Currently an 
independent

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judicial body in the legislative branch, the court was originally 
created as the United States Board of Tax Appeals, an independent agency 
in the executive branch, by the Revenue Act of 1924 (43 Stat. 336) and 
continued by the Revenue Act of 1926 (44 Stat. 105), the Internal 
Revenue Codes of 1939, 1954, and 1986. The name was changed to the Tax 
Court of the United States by the Revenue Act of 1942 (56 Stat. 957), 
and the Article I status and change in name to United States Tax Court 
were effected by the Tax Reform Act of 1969 (83 Stat. 730).
    The court is composed of 19 judges. Its strength is augmented by 
senior judges who may be recalled by the chief judge to perform further 
judicial duties and by special trial judges who are appointed by the 
chief judge and serve at the pleasure of the court. The chief judge is 
elected biennially from among the 19 judges of the court.
    The matters over which the Court has jurisdiction are set forth in 
the various sections of title 26 of the U.S. Code.
    At the option of the individual taxpayer, simplified procedures may 
be utilized for the trials of small tax cases, provided that in a case 
conducted under these procedures the decision of the court would be 
final and not subject to review by any court. The jurisdictional maximum 
for such cases is $50,000 for any disputed year.
    All decisions, other than small tax case decisions, are subject to 
review by the courts of appeals and thereafter by the Supreme Court of 
the United States upon the granting of a writ of certiorari.
    The office of the court and all of its judges are located in 
Washington, DC. The court conducts trial sessions at various locations 
within the United States as reasonably convenient to taxpayers as 
practicable. Each trial session is conducted by a single judge or a 
special trial judge. All proceedings are public and are conducted 
judicially in accordance with the court's Rules of Practice and the 
rules of evidence applicable in trials without a jury in the U.S. 
District Court for the District of Columbia. A fee of $60 is prescribed 
for the filing of a petition. Practice before the court is limited to 
practitioners admitted under the court's Rules.

For further information, contact the Administrative Office, United 
States Tax Court, 400 Second Street NW., Washington, DC 20217-0002. 
Phone, 202-606-8751. Internet, www.ustaxcourt.gov.

United States Court of Appeals for Veterans Claims  The United States 
Court of Veterans Appeals was established on November 18, 1988 (102 
Stat. 4105, 38 U.S.C. 7251) pursuant to Article I of the Constitution, 
and given exclusive jurisdiction to review decisions of the Board of 
Veterans Appeals. The court was renamed the United States Court of 
Appeals for Veterans Claims by the Veterans Programs Enhancement Act of 
1998 (38 U.S.C. 7251 note). The court may not review the schedule of 
ratings for disabilities or actions of the Secretary in adopting or 
revising that schedule. Decisions of the Court of Appeals for Veterans 
Claims may be appealed to the United States Court of Appeals for the 
Federal Circuit.
    The court consists of seven judges appointed by the President, with 
the advice and consent of the Senate, for 15-year terms. One of the 
judges serves as chief judge.
    The court's principal office is in the District of Columbia, but the 
court can also act at any place within the United States.

For further information, contact the Clerk, United States Court of 
Appeals for Veterans Claims, Suite 900, 625 Indiana Avenue NW., 
Washington, DC 20004-2950. Phone, 202-501-5970. Internet, 
www.vetapp.gov.

Other Courts  There have also been created two courts of local 
jurisdiction for the District of Columbia: the District of Columbia 
Court of Appeals and the Superior Court.

Business of the Federal Courts

The business of all the Federal courts described here, except the Court 
of Appeals for the Armed Forces, the Tax Court, the Court of Appeals for 
Veterans Claims, and the District of Columbia courts, is discussed in 
detail in the text and tables of the Annual Report of the Director of 
the Administrative Office of the United States Courts (1940-2001).