Military Justice Act

Military Justice Act - Establishes an independent courts-martial command composed of four divisions: defense, prosecution, judicial, and administration.

Grants a number of powers to military judges: (1) the power to "issue all writs necessary or appropriate in aid of . . ." their jurisdiction as provided in the "All Writs" Act now applicable to all Federal judges; (2) the same contempt power as is now possessed by the Federal judiciary; and (3) the power to authorize searches and issue arrest warrants.

Extends to servicemen certain basic rights, such as: (1) the right to appointment of an independent defense counsel upon request immediately following arrest; (2) the right to a formal hearing before an independent military judge within 24 hours of arrest, to determine whether there is probable cause to hold him for trial; (3) the right to obtain subpoenas from an independent military judge (prosecutor now holds sole power to issue subpoenas); (4) the right to protection against trial by court-martial after trial in a State court for the same act, and vice-versa; and (5) the right of military defense attorneys to seek collateral relief for their clients in civilian courts when appropriate (relief currently available only if the accused serviceman has civilian counsel).

Reclassifies the types of court-martial to upper courts-martial and lower courts-martial, and sets forth the composition and jurisdiction of each. Eliminates summary courts-martial.

Establishes a system of random selection for members of special and general courts-martial, and abolishes the requirements that two-thirds of the members of such courts-martial must be officers.

Transfers from the commanding officers to the independent military judges the power to release an accused serviceman pending trial or pending appeal. Grants complete credit for pretrial confinement towards any ultimate sentence.

Eliminates the power of the convening authority to review sentences and findings.

Transfers the sentencing power, with the added power to suspend sentences, from the members of the court (the "jury") to the military judges in all cases.

Permits all confined servicemen including those awaiting trial or appeal to participate in work, exercise and rehabilitation programs wherever adequate facilities are available.

Directs an existing code review committee to study and suggest revisions in the current table of maximum punishments.

Permits the Judge Advocate General of each service to review cases not automatically reviewable by the Court of Military Review.

Empowers the Supreme Court to issue writs of certiorari to the Court of Military Appeals.

Enlarges the Court of Military Appeals from three to nine judges and authorizes it to sit in panels of three judges each.

Directs the existing Code review committee to study and, within one year, to recommend solutions in areas: (1) the desirability of transferring jurisdiction over some offenses to the Federal courts; (2) additional methods of eliminating delays in the appellate process; and (3) means of dealing with prisoners who complete the service of their sentence to confinement prior to the completion of appellate review.