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No. 16-1423October Term 2017Decided Jun 22, 2018

Docket 16-1423October Term 2017 (2017–2018)

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
Case Accepted
Arguments
Decision ReleasedJun 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

Decision record

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