No. 16-1423October Term 2017Decided Jun 22, 2018
Ortiz v. United States
Ortiz asked whether one military judge could serve on two courts at once and whether the Supreme Court could review the top military appeals court.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 22, 2018
- What it's about
This case arose from a court-martial conviction and asked whether one military judge, Martin Mitchell, could legally serve at the same time on the Air Force Court of Criminal Appeals and the Court of Military Commission Review. The case also required the Supreme Court to decide whether it had authority to review decisions of the Court of Appeals for the Armed Forces.
Question presented
1. Are the positions which they occupy “civil offices” within the meaning of 10 U.S.C. 973(b)? 2. If so, is there “otherwise provided by law” authority for them to hold such offices so as to prevent the termination of their commissions?
- Case path
United States Court of Appeals for the Armed Forces / Decision released Jun 22, 2018
- Area
Decided Supreme Court case
Briefing
What it's about
This case came from a court-martial (military criminal trial) conviction and asked whether Judge Martin Mitchell could legally serve on two military courts at the same time. On June 22, 2018, the Supreme Court decided that issue and also addressed whether it could review decisions from the Court of Appeals for the Armed Forces.
Impact
The case affects service members who appeal convictions through the military justice system and judges who may be assigned to more than one military court. For example, a defendant could challenge whether the judges on an appellate panel were lawfully serving.
What's next
This Supreme Court case is over. Lower military courts and future parties must apply the decision issued in 2018.
What was the core dispute in Ortiz v. United States?
The case asked whether Judge Martin Mitchell could legally serve on two military courts at the same time. It also asked whether the Supreme Court could review decisions from the Court of Appeals for the Armed Forces.
Why does Ortiz matter in the real world?
It affects people appealing court-martial convictions through the military system. If a judge's dual service was unlawful, a defendant could question the makeup of the appeals panel.
What is the next procedural step after the Supreme Court's decision?
The Supreme Court has finished this docket action. Lower military courts and future litigants must work within the decision the Court issued in 2018.
Decision
What the Court decided
Ortiz asked whether one military judge could serve on two courts at once and whether the Supreme Court could review the top military appeals court.
Impact
The case affects service members who appeal convictions through the military justice system and judges who may be assigned to more than one military court. For example, a defendant could challenge whether the judges on an appellate panel were lawfully serving.
Not official Court text.
Opinion documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 16-1423
docket | Jul 3, 2026
Primary case document
Supreme Court document | Jul 3, 2026
CourtListener docket record
docket | Jul 3, 2026
Questions Presented
brief | May 24, 2026
opinion
opinion | Jun 22, 2018
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026