{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-866","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-866","heading":"Military Court of Appeals for state military forces","body":"ARTICLE 66. Military Court of Appeals for state military\n\nforces.\n\nA. Military Court of Appeals. There is hereby established a\n\nMilitary Court of Appeals for the state military forces of the State\n\nof Oklahoma. The Military Court of Appeals shall be a court of\n\nrecord and except as provided in Section 867 of this title (Article\n\n67), the appellate jurisdiction of the Military Court of Appeals\n\nshall be exclusive in all courts-martial cases convened by state\n\nmilitary forces regardless of whether a court-martial was conducted\n\nwithin or without the physical boundaries of the State of Oklahoma.\n\nB. Composition and method of appointment. The Military Court\n\nof Appeals shall be composed of one panel of not less than three\n\nappellate military judges. At the time the Military Court of\n\nAppeals is initially constituted and each time thereafter when a\n\nvacancy shall occur or is certain to occur on the Court, the State\n\nJudge Advocate shall choose and submit to the Governor at least one\n\nnominee for a vacant seat, certified by the State Judge Advocate as\n\nqualified, by reason of education, training, experience, and\n\njudicial temperament, for duty as an appellate military judge.\n\nPrior to submission of a nominee to the Governor, the nominee shall\n\nhave previously notified the State Judge Advocate in writing that he\n\nor she will serve as an appellate military judge if appointed. The\n\nGovernor shall appoint one nominee to fill the vacancy, but if the\n\nGovernor fails to do so within sixty (60) days after the State Judge\n\nAdvocate submits the nominee to the Governor or the Governor does\n\nnot affirmatively reject in writing the nominee so submitted, the\n\nState Judge Advocate shall appoint one nominee, the appointment to\n\nbe certified by the Secretary of State. No person so nominated and\n\nappointed by the Governor or by the State Judge Advocate shall take\n\nhis or her seat on the Military Court of Appeals without first\n\nreceiving the approbation of the Senate through advice and consent;\n\nprovided that, in the case of any vacancy that occurs while the\n\nLegislature is not in regular session within the meaning of Section\n\n26 of Article V of the Oklahoma Constitution, the Governor, or the\n\nState Judge Advocate as provided in this subsection, shall appoint a\n\nperson who satisfies the requirements established in subsection C of\n\nthis section to serve as an appellate military judge. If the\n\ninterim nomination of the appellate military judge is not approved\n\nby the Senate during the first regular session following its\n\nsubmission, it shall be deemed rejected. No person shall be\n\nnominated to serve as a member of the Military Court of Appeals who\n\nis presently employed by the Oklahoma Military Department, either in\n\na full-time or part-time capacity, nor shall any person employed as\n\na federal technician, as defined in Title 32 of the United States\n\nCode, be nominated to serve as a member of the Military Court of\n\nAppeals.\n\nC. Qualifications. An appellate military judge who is\n\nappointed to the Military Court of Appeals shall be a licensed\n\npracticing attorney or judge of a court of record, or both, in\n\nOklahoma for one (1) year preceding his or her appointment and shall\n\ncontinue to be a duly licensed attorney while in office to be\n\neligible to hold the office. No appellate military judge shall be\n\nappointed to the Military Court of Appeals who did not previously\n\nserve as a judge advocate in any department of the Armed Forces of\n\nthe United States, to include reserve components of the same. The\n\nMilitary Court of Appeals shall include at least one appellate\n\nmilitary judge who previously served in the United States Army or a\n\nreserve component of the same. The Military Court of Appeals shall\n\ninclude at least one appellate military judge who previously served\n\nin the United States Air Force or a reserve component of the same.\n\nD. Term of office and causes for removal or retirement. Each\nMilitary Court of Appeals shall include at least one appellate\n\nmilitary judge who previously served in the United States Army or a\n\nreserve component of the same. The Military Court of Appeals shall\n\ninclude at least one appellate military judge who previously served\n\nin the United States Air Force or a reserve component of the same.\n\nD. Term of office and causes for removal or retirement. Each\n\nappellate military judge appointed pursuant to this section shall,\n\nunless removed for cause, serve out the term for which he or she is\n\nappointed. Appellate military judges appointed pursuant to this\n\nsection shall serve for fixed terms of office of appropriate minimum\n\nperiods which shall be prescribed by regulations promulgated by the\n\nAdjutant General. The appellate military judges of the Military\n\nCourt of Appeals, exercising judicial power under the provisions of\n\nthe Oklahoma Uniform Code of Military Justice, shall be subject to\n\nremoval from office, or to compulsory retirement from office, by\n\nproceedings in the Court on the Judiciary, for:\n\n1. Gross neglect of duty, corruption in office, habitual\n\ndrunkenness, commission while in office of any offense involving\n\nmoral turpitude, gross partiality in office, oppression in office,\n\nmental or physical disability preventing the proper performance of\n\nofficial duty or incompetence to perform the duties of the office;\n\nor\n\n2. Other reasons arising from military customs and practices\n\ndefined in regulations promulgated by the Adjutant General.\n\nE. Compensation. Appellate military judges shall receive\n\ncompensation calculated on the basis of the current basic pay\n\nreceived by a member in active federal service at the grade of O-6\n\nwith twenty (20) years of time in service. The Adjutant General\n\nshall promulgate regulations establishing the method of calculating\n\ncompensation for less than full-time service by members of the\n\nMilitary Court of Appeals. Appellate military judges may be paid\n\nsuch actual and necessary expenses as may be provided for in\n\nregulations promulgated by the Adjutant General.\n\nF. Review.\n\n1. Appeals by accused. The Military Court of Appeals shall\n\nhave jurisdiction over a timely appeal from the judgment of a court-\n\nmartial, entered into the record under Section 860C of this title\n\n(Article 60C), as follows:\n\na. on appeal by the accused in a case in which the\n\nsentence extends to confinement for more than six (6)\n\nmonths and the case is not subject to automatic review\n\nunder paragraph 3 of this subsection,\n\nb. on appeal by the accused in a case in which the\n\ngovernment previously filed an appeal under Section\n\n862 of this title (Article 62),\n\nc. on appeal by the accused in a case that the State\n\nJudge Advocate has sent to the Military Court of\n\nAppeals for review of the sentence under subsection C\n\nof Section 856 of this title (Article 56, subsection\n\nC),\n\nd. in a case in which the accused filed an application\n\nfor review with the Court under subparagraph b of\n\nparagraph 1 of subsection D of Section 869 of this\n\ntitle (Article 69, subsection D, paragraph 1,\n\nsubparagraph b) and the application has been granted\n\nby the Court.\n\n2. Review of certain sentences. The Military Court of Appeals\n\nshall have jurisdiction over all cases that the State Judge Advocate\n\norders sent to the Court for review under subsection C of Section\n\n856 of this title (Article 56, subsection C).\n\n3. Automatic review. The Military Court of Appeals shall have\n\njurisdiction over a court-martial in which the judgment entered into\n\nthe record under Section 860C of this title (Article 60C) includes a\n\nsentence of dismissal of a commissioned officer, cadet, dishonorable\n\ndischarge or bad-conduct discharge, or confinement for two (2) years\n\nor more.\n\nG. Timeliness. An appeal under paragraph 1 of subsection F of\n\nthis section is timely if it is filed as follows:\ngment entered into\n\nthe record under Section 860C of this title (Article 60C) includes a\n\nsentence of dismissal of a commissioned officer, cadet, dishonorable\n\ndischarge or bad-conduct discharge, or confinement for two (2) years\n\nor more.\n\nG. Timeliness. An appeal under paragraph 1 of subsection F of\n\nthis section is timely if it is filed as follows:\n\n1. In the case of an appeal by the accused under subparagraph a\n\nor b of paragraph 1 of subsection F of this section, if filed before\n\nthe later of:\n\na. the end of the ninety-day period beginning on the date\n\nthe accused is provided notice of appellate rights\n\nunder subsection C of Section 865 of this title\n\n(Article 65, subsection C), or\n\nb. the date set by the Military Court of Appeals by rule\n\nor order; and\n\n2. In the case of an appeal by the accused under paragraph 1 of\n\nsubsection C of Section 865 of this title (Article 65, subsection C,\n\nparagraph 1), if filed before the later of:\n\na. the end of the ninety-day period beginning on the date\n\nthe accused is notified that the application for\n\nreview has been granted by letter placed in the United\n\nStates mail for delivery by first-class certified mail\n\nto the accused at an address provided by the accused\n\nor, if no such address has been provided by the\n\naccused, at the latest address listed for the accused\n\nin his or her official service record, or\n\nb. the date set by the Military Court of Appeals by rule\n\nor order.\n\nH. Duties.\n\n1. Cases appealed by accused. In any case before the Military\n\nCourt of Appeals under subsection F of this section, the Court may\n\nact only with respect to the findings and sentence as entered into\n\nthe record under Section 860C of this title (Article 60C). The\n\nCourt may affirm only such findings of guilty, and the sentence or\n\nsuch part or amount of the sentence, as the Court finds correct on\n\nthe basis of applicable law.\n\n2. Error or excessive delay. In any case before the Military\n\nCourt of Appeals under subsection F of this section, the Court may\n\nprovide appropriate relief if the accused demonstrates error or\n\nexcessive delay in the processing of the court-martial after the\n\njudgment was entered into the record under Section 860C of this\n\ntitle (Article 60C).\n\nI. Consideration of appeal of sentence by the State of\n\nOklahoma.\n\n1. In general. In considering a sentence on appeal or review\n\nas provided in subsection C of Section 856 of this title (Article\n\n56, subsection C), the Military Court of Appeals may consider:\n\na. whether the sentence violates the law, and\n\nb. whether the sentence is plainly unreasonable.\n\n2. Record on appeal or review. In an appeal or review under\n\nthis subsection or subsection C of Section 856 of this title\n\n(Article 56, subsection C), the record on appeal or review shall\n\nconsist of:\n\na. any portion of the record in the case that is\n\ndesignated as pertinent by either of the parties,\n\nb. the information submitted during the sentencing\n\nproceeding, and\n\nc. any information required by regulations promulgated by\n\nthe Adjutant General or by rule or order of the\n\nMilitary Court of Appeals.\n\nJ. Limits of authority.\n\n1. Set aside of findings.\n\na. In general. If the Military Court of Appeals sets\n\naside the findings, the Court:\n\n(1) may affirm any lesser included offense, and\nparties,\n\nb. the information submitted during the sentencing\n\nproceeding, and\n\nc. any information required by regulations promulgated by\n\nthe Adjutant General or by rule or order of the\n\nMilitary Court of Appeals.\n\nJ. Limits of authority.\n\n1. Set aside of findings.\n\na. In general. If the Military Court of Appeals sets\n\naside the findings, the Court:\n\n(1) may affirm any lesser included offense, and\n\n(2) may, except when prohibited by Section 844 of\n\nthis title (Article 44), order a rehearing.\n\nb. Dismissal when no rehearing ordered. If the Military\n\nCourt of Appeals sets aside the findings and does not\n\norder a rehearing, the Court shall order that the\n\ncharges be dismissed.\n\nc. Dismissal when rehearing impracticable. If the\n\nMilitary Court of Appeals orders a rehearing on a\n\ncharge and the convening authority finds a rehearing\n\nimpracticable, the convening authority may dismiss the\n\ncharge.\n\n2. Set aside of sentence. If the Military Court of Appeals\n\nsets aside the sentence, the Court may:\n\na. modify the sentence to a lesser sentence, or\n\nb. order a rehearing.\n\n3. Additional proceedings. If the Military Court of Appeals\n\ndetermines that additional proceedings are warranted, the Court may\n\norder a hearing as may be necessary to address a substantial issue,\n\nsubject to such limitations as the Court may direct and under such\n\nregulations as the Adjutant General may prescribe.\n\nK. Action in accordance with decisions of courts. The State\n\nJudge Advocate shall, unless there is to be further action by the\n\nGovernor, the Adjutant General, or the Oklahoma Court of Criminal\n\nAppeals, instruct the appropriate authority to take action in\n\naccordance with the decision of the Military Court of Appeals.\n\nL. Rules of procedure and designation of chief judge. The\n\nState Judge Advocate shall prescribe uniform rules of procedure for\n\nthe Military Court of Appeals which shall be published as a military\n\npublication and shall meet periodically to formulate policies and\n\nprocedure in regard to review of court-martial cases in the office\n\nof the State Judge Advocate and by the Military Court of Appeals.\n\nThe State Judge Advocate shall designate as chief judge one of the\n\nappellate military judges of the Military Court of Appeals.\n\nM. Prohibition on evaluation of other members of courts. No\n\nmember of the Military Court of Appeals shall be required, or on his\n\nor her own initiative be permitted, to prepare, approve, disapprove,\n\nreview, or submit, with respect to any other member of the Military\n\nCourt of Appeals, an effectiveness, fitness, or efficiency report,\n\nor any other report or document used in whole or in part for the\n\npurpose of determining whether a member of the state military forces\n\nis qualified to be advanced in grade, or in determining the\n\nassignment or transfer of a member of the state military forces, or\n\nin determining whether a member of the state military forces should\n\nbe retained as a member of the state military forces.\n\nN. Ineligibility of members of courts to review records of\n\ncases involving certain prior member service. No member of the\n\nMilitary Court of Appeals shall be eligible to review the record of\n\nany trial if such member served as investigating officer in the case\n\nor served as a member of the court-martial before which such trial\n\nwas conducted, or served as military trial judge, trial or defense\n\ncounsel, or reviewing officer of such trial. No member of the\n\nMilitary Court of Appeals shall be eligible to review the record of\n\nany trial if such member served as an Assistant Attorney General,\n\ndistrict attorney, assistant district attorney or municipal\n\nprosecutor who determined or participated in the determination of\n\nwhether to prosecute a nonmilitary offense when the act or omission\n\nin question could have violated both the Oklahoma Uniform Code of\n\nMilitary Justice and state or local criminal laws.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"45419b399198e0bc69af4389d1fe837b52c10ff96b13bdda2321f7532d963fe9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-865","next":"us-ok/okla.-stat.-tit.-44-44-867"},"notice":"GroundRules: Original legal text. Not legal advice."}