§868 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary can tell the Judge Advocate General to set up a branch office at any command. That office is led by an Assistant Judge Advocate General who, with the Judge Advocate General’s approval, can create a Court of Criminal Appeals made of one or more panels and, under the Judge Advocate General’s supervision, handle the same duties for that command that the Judge Advocate General and his courts would handle for cases where the sentence does not need the President’s approval.

Title 10, §868

Armed Forces — Source: USLM XML via OLRC

The Secretary concerned may direct the Judge Advocate General to establish a branch office with any command. The branch office shall be under an Assistant Judge Advocate General who, with the consent of the Judge Advocate General, may establish a Court of Criminal Appeals with one or more panels. That Assistant Judge Advocate General and any Court of Criminal Appeals established by him may perform for that command under the general supervision of the Judge Advocate General, the respective duties which the Judge Advocate General and a Court of Criminal Appeals established by the Judge Advocate General would otherwise be required to perform as to all cases involving sentences not requiring approval by the President.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 86850:655.May 5, 1950, ch. 169, § 1 (Art. 68), 64 Stat. 130. The word “considers” is substituted for the word “deems”. The word “may” is substituted for the words “shall be empowered to”. The word “respective” is inserted for clarity.

Editorial Notes

Amendments

1994—Pub. L. 103–337 substituted “Court of Criminal Appeals” for “Court of Military Review” wherever appearing. 1968—Pub. L. 90–632 substituted the Secretary concerned for the President as the individual authorized to direct the Judge Advocate General to establish a branch office under an Assistant Judge Advocate General with any command and substituted “Court of Military Review” for “board of review” as the name of the body established by the Assistant Judge Advocate General in charge of the branch office.

Statutory Notes and Related Subsidiaries

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.

§868 Art. 68. Branch Offices