[United States Government Manual]
[September 15, 2009]
[Pages 73-75]
[From the U.S. Government Publishing Office, www.gpo.gov]



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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 
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's Office, United States Court 
of Federal Claims, 717 Madison Place NW., Washington, DC 20005-1086. 
Phone, 202-357-6400. Internet, www.uscfc.uscourts.gov.

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  The United States Tax Court is a court of 
record under Article I of the Constitution of the United States (26 
U.S.C. 7441). The court was created as the United States Board of Tax 
Appeals by the Revenue

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Act of 1924 (43 Stat. 336). The name was changed to the Tax Court of the 
United States by the Revenue Act of 1942 (56 Stat. 957). The Tax Reform 
Act of 1969 (83 Stat. 730) established the court under Article I and 
then changed its name to the United States Tax Court.
    The court comprises 19 judges who are appointed by the President to 
15-year terms and subject to Senate confirmation. The court also has 
varying numbers of both senior judges (who may be recalled by the chief 
judge to perform further judicial duties) and special trial judges (who 
are appointed by the chief judge and may hear and decide a variety of 
cases). The court's jurisdiction is set forth in various sections of 
title 26 of the U.S. Code.
    The offices of the court and its judges are in Washington, DC. 
However, the court has national jurisdiction and schedules trial 
sessions in more than 70 cities in the United States. Each trial session 
is conducted by one judge, senior judge, or special trial judge. Court 
proceedings are open to the public and are conducted in accordance with 
the court's Rules of Practice and Procedure 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 charged for the filing of a 
petition. Practice before the court is limited to practitioners admitted 
under the court's Rules of Practice and Procedure.
    Decisions entered by the court, other than decisions in small tax 
cases, may be appealed to the regional courts of appeals and, 
thereafter, upon the granting of a writ of certiorari, to the Supreme 
Court of the United States. At the option of petitioners, simplified 
procedures may be used in small tax cases. Small tax cases are final and 
not subject to review by any court.

For further information, contact the Administrative Office, United 
States Tax Court, 400 Second Street NW., Washington, DC 20217-0002. 
Phone, 202-521-0700. 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).
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EDITORIAL NOTE: The Administrative Office of the United States Courts 
did not meet the publication deadline for submitting updated information 
of its activities, functions, and sources of information.

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