Special Court

Special Court

Special Courts in the United States

Court of Appeals for the Armed Forces

This United States special court was established under Article I of the Constitution of this country pursuant to act of May 5, 1950, as amended (10 U.S.C. 867). Subject only to certiorari review by the Supreme Court of the United States in a limited number of cases, the court serves as the final appellate tribunal to review court-martial convictions of all the Armed Forces. It is exclusively an appellate criminal court, consisting of five civilian judges who are appointed for 15-year terms by the President with the advice and consent of the Senate.
The court is called upon to exercise jurisdiction to review the record in all cases extending to death; certified to the court by a Judge Advocate General of one of the Armed Forces; or petitioned by accused who have received a sentence of confinement for 1 year or more and/or a punitive discharge.

The court also exercises authority under the All Writs Act (28 U.S.C. 1651(a)).

In addition, the judges of the court are required by law to work jointly with the senior uniformed lawyer from each of the Armed Forces and two members of the public appointed by the Secretary of Defense to make an annual comprehensive survey, to report annually to the Congress on the operation and progress of the military justice system under the Uniform Code of Military Justice, and to recommend improvements wherever necessary.

Court of Appeals for Veterans Claims

This court of record was created on November 18, 1988 (38 U.S.C. 7251) and given exclusive jurisdiction to review decisions of the Board of Veterans’ Appeals. Read more about this U.S. special court here.

Court of Federal Claims

The United States Court of Federal Claims has jurisdiction over claims seeking money judgments against the United States. A claim must be founded upon the Constitution, an act of Congress, an Executive order, a contract with the United States, or Federal regulations. Judges are appointed by the President for 15-year terms, subject to Senate confirmation. Appeals are to the U.S. Court of Appeals for the Federal Circuit.

United States Tax Court

The United States Tax Court is a court of record under Article I of the Constitution of the United States (26 U.S.C. 7441). The court was created as the United States Board of Tax Appeals by the Revenue Act of 1924 (43 Stat. 336). The name was changed to the Tax Court of the United States by the Revenue Act of 1942 (56 Stat. 957). The Tax Reform Act of 1969 (83 Stat. 730) established the court under Article I and then changed its name to the United States Tax Court.

The court comprises 19 judges who are appointed by the President to 15-year terms and subject to Senate confirmation. The court also has varying numbers of both senior judges (who may be recalled by the chief judge to perform further judicial duties) and special trial judges (who are appointed by the chief judge and may hear and decide a variety of cases). The court’s jurisdiction is set forth in various sections of title 26 of the U.S. Code. For more information about this special U.S. Court, please see here.