Appellate Government (Code 46)
Mission
Pursuant to Articles 70(a) and (b) of the Uniform Code of Military Justice, the Appellate Government Division is responsible for representing the United States in criminal appellate proceedings before the Navy-Marine Corps Court of Criminal Appeals (NMCCA), the U.S. Court of Appeals for the Armed Forces (CAAF) and the U.S. Supreme Court. The Division makes recommendations to the Judge Advocate General concerning issues to be certified to the CAAF. Additionally, the Division provides Trial Counsel Assistance Program (TCAP) support to trial counsel and staff judge advocates in the field concerning their representation in the court-martial and post-trial processes.
Function
Appellate Representation
The Appellate Government Division represents the United States before NMCCA, CAAF and the U.S. Supreme Court.
Article 62s / Interlocutory Appeals and Extraordinary Writs
Article 62 / interlocutory appeal and extraordinary writ questions may be initially submitted to the TCAP duty, but the filing of an Article 62 or ex writ depends on prior approval by the Director and timely compliance with JAGINST 5810.2A, and, in the case of Article 62s, timely compliance with R.C.M. 908, Article 62, N-M. Ct. Crim. App. Rule 4-6, and CCA Rule 21 (found in MJ vol 44).
Reserve Component
Reserve questions should be submitted to the Code 46 Appellate Government Reserve Coordinator. Reserve briefs are due to the Reserve Coordinator no later than 5 business days prior to the due date. Reservists must use the Code 46 Reservist NMCCA Brief Template found on this page, below.
Forms & Publications
Director’s Newsletter
To be added to the Director’s appellate and criminal law newsletter, please submit a request via the Deputy, Code 46.
Many of the publications available on this Web site are Portable Document Format (PDF) files. To view and print these documents, download and install the free Adobe Reader software.