Appellate Government


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.


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 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 Reservist NMCCA Brief Template.