BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1410
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

             AB 1410 (Veterans Affairs Committee) - As Introduced:  March  
                                      13, 2013 

          Policy Committee:                              Veterans  
          AffairsVote: 8-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill codifies the Courts-Martial Appellate Panel (CMAP) for  
          the California Military Department, formalizing current process.  
          Specifically, this bill:

          1)Specifies the CMAP shall consist of three justices to hear  
            matters involving the Military and Veterans Code, the Uniform  
            Code of Military Justice, any regulation issued by the  
            governor pertaining to members of the California active  
            militia, and court-martial actions pending before any military  
            judge of the California Military Department.

          2)Requires the governor, by general order, to appoint three  
            justices who have experience and training in the field of  
            military law. 

          3)Requires the panel to operate as a three-judge court.

           FISCAL EFFECT  

          No new costs. This bill codifies current practice, which in  
          almost all cases is federally funded.  

            COMMENTS  

           Rationale  . A court-martial is a military court the Military  
          Department uses about seven times per year. The courts, which  
          are authorized by statute are (a) general courts-martial; (b)  
          special courts-martial; (c) summary courts-martial; and (d)  
          courts of inquiry. The appellate process is based on ongoing  








                                                                  AB 1410
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          authority from a Governor's General Order (GGO).  

          Despite GGOs, no explicit statutory authority exists for the  
          CMAP. Without statutory authority, the legality of the CMAP  
          could be called into question by the defense attorney. An  
          appellate court established in code provides a formal and  
          legally protected  appellate process.

          The Department follows the Manual for Courts-Martial.  The CMAP  
          would be similar to the first level of appeals provided for in  
          the Uniform Code of Military Justice and the Manual for  
          Courts-Martial.  The justices would be appointed by the Governor  
          for their terms but only convened as necessary to hear appeals.   
          This bill does not create a standing court.

          Currently, military appellate judicial appointments are  
          delegated to the Adjutant General. The Adjutant General appoints  
          the panel and it is dissolved when the case is over.
           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081