CAAF reverses AFCCA on member challenge issue

CAAF's docket continues to rocket. Today, without even waiting to order briefing on the merits or hear oral argument, CAAF reversed an unpublished AFCCA decision in a member challenge case. United States v. Martinez, __ M.J. ___, No. 08-0375 (C.A.A.F. Nov. 13, 2008) (per curiam).

Martinez, which we previously discussed here, was a guilty plea members sentencing case for methamphetamine use. One of the members stated during voir dire that "my guideline has always been that there's no room in my Air Force for people that abuse drugs." When the defense counsel later asked the member whether no punishment was "an option for you to consider in a case such as this," the member answered, "No." Upon further questioning, the member indicated that while he could consider not adjudging a bad-conduct discharge, he believed that there had to be some punishment. The defense challenged the member for cause and the military judge denied the challenge.

AFCCA affirmed, holding that the member's "comments demonstrate a level of professional commitment to the unique requirements of military service and the importance of good order and discipline in the military. These qualities alone neither create a perception of unlawful command influence nor serve as a basis for an assertion of implied bias." United States v. Martinez, No. ACM S31080, slip op. at 10 (A.F. Ct. Crim. App. Jan. 2, 2008) (per curiam).

The defense submitted a supp to CAAF challenging the military judge's and AFCCA's rulings. JAJG responded by submitting a 10-day letter. CAAF then ordered JAJG to "submit an answer to the supplement within 15 days of the date of this order." United States v. Martinez, 67 M.J. 13 (C.A.A.F. 2008).

Today, CAAF granted the petition and proceeded to reverse AFCCA and the trial judge, holding that the member was disqualified on implied bias grounds. (Because it found implied bias, CAAF reserved judgment on whether the member was also disqualified due to actual bias.)