Thursday, May 21, 2009

NIMJ proposes sea change in CAAF's practice

Here's a link to NIMJ's analysis of the proposed CAAF rules changes. NIMJ would have CAAF move to a system of review similar to the operation of the federal circuit courts of appeals. In another proposal to bring CAAF's practice into closer alignment with that of the Article III appellate courts, NIMJ also proposes that CAAF enter into the PACER electronic filing system.

8 comments:

John O'Connor said...

"As with the trees at Dolly Dods . . . ."

Yeah, it's consistent with the discretionarry appellate review Congress created for CAAF to have CAAF just grant review in every case.

Anonymous said...

And as silly as the trees at Dolly Sods...

Anonymous said...

What's the substantive difference between determining a petition does not show cause for review and determining a petition is appropriate for a summary affirm?

Blocking Supreme Court review, which is being changed soon anyway.

Mike "No Man" Navarre said...

I agree to some extent with JO'C that an Art. III court must not make rules that contravene the statutory scheme giving them the power to make those rules. However, what is discretionary appellate "review"? Congress (and certain former members of the executive branch) has debated the meaning of more self evident words.

And as far as anon, as long as Senator Graham is in the Senate, any statement about MilJus cert jurisdiction "being changed soon" is speculative at best.

Anonymous said...

Which NIMJ member proposed this?

Anonymous said...

NIMJ DOES NOT HAVE MEMBERS! ARRRGH!

dreadnaught said...

The CAAF joining PACER would be an immense improvement over current practice. Having personally proposed this migration – obviously with much less gravitas than NIMJ – to the CJ over two years ago, I was met with a tepid reception. Something along the lines of “Sounds good, we should look into that.” Apparently the CAAF is awaiting the services to come to an agreement to as to the form of e-filing before adopting a standard.

The U.S. Judiciary, the operators of PACER and CM/ECF, confirmed that the CAAF was authorized, and could easily join, PACER. The CAAF needs to join PACER, and join all other federal courts. Please do not wait for the services, because it is unlikely that they will ever come to a consensus. The CAAF has the power, dictate to the services: PACER and CM/ECF will be the standard.

Cloudesley Shovell said...

Dreadnaught--

I agree-CAAF should move to PACER. However, I respectfully disagree that CAAF has the power to dictate the use of an electronic filing system to the JAGs. Given the importance and powers of the JAGs under the UCMJ, I think CAAF is correct to let the JAGs be the ones to push forward on moving to electronic filing.