Appellate Government (Code 46)

Mission

To ensure justice is done, provide stability and predictability in Navy-Marine Corps trial and appellate courtrooms, assist government counsel and staff judge advocates in executing well litigated cases that survive appeal, and defend convictions on appeal.

Pursuant to Articles 70(a) and (b) of the Uniform Code of Military Justice, the Appellate Government Division represents 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 being considered for certification to the CAAF. The Division provides support to the Navy and Marine Corps’ Trial Counsel Assistance Programs and trial counsel in the field regarding questions of law, Article 62 appeals, DuBay hearings, and extraordinary writ petitions. Finally, the Division provides support to command staff judge advocates in coordination with the Criminal Law Division (Code 20) and Judge Advocate Division.

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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.

Contact Appellate Government

Mailing Address:
Appellate Government (Code 46)
Bldg. 58, Suite B01
1254 Charles Morris St., SE
Washington Navy Yard, DC 20374-5124
Phone Numbers:
Comm: (202) 685-7680
DSN: 288-2230
Fax: (202) 685-7687
Hours:
0800 – 1700
Monday – Friday