United States v. Martinez
2011 CAAF LEXIS 520
| C.A.A.F. | 2011Background
- Martinez pleaded guilty before a military judge to AWOL and drunk on station; sentence included reduction to E-1, six months confinement, and bad-conduct discharge.
- Judge Molloy presided; Judge Boudreau, his supervising judge and rater, privately communicated with trial counsel during trial and followed Molloy into chambers during recesses and deliberations.
- No record explanation of Boudreau’s supervisory status or reason for her presence; defense did not object at trial.
- Staff judge advocate proposed incapacitation for duty charge; defense raised appearance of partiality due to ex parte contact; clemency sought alongside ongoing adjudication.
- Conveneing authority ultimately granted clemency and disposition challenged on appearance grounds; ACCA found improper conduct but not reversible, cautioning on ex parte communications.
- This court applied Liljeberg v. Health Services to assess whether the appearance of partiality required reversal; held the remedy and public confidence concerns were resolved, so the ACCA's affirmed decision stands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appearance of impartiality required disqualification | Martinez argues ex parte communications and chambers visits created partiality. | United States contends no material prejudice; Liljeberg guides denial of reversal. | Not reversible; appearance concerns resolved by remedy; no material prejudice. |
Key Cases Cited
- United States v. Burton, 52 M.J. 223 (C.A.A.F.2000) (appearance of bias standard; guiding disqualification review)
- United States v. Quintanilla, 56 M.J. 37 (C.A.A.F.2001) (appearance vs. reality bias; R.C.M. 902 analysis)
- United States v. Kincheloe, 14 M.J. 40 (C.M.A.1982) (objective standard for appearance of impartiality)
- Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847 (U.S. Supreme Court, 1988) (test balancing risk to parties, public confidence, and injustice)
- United States v. Butcher, 56 M.J. 87 (C.A.A.F.2001) (Liljeberg remedy considerations for military judges)
- United States v. Jones, 55 M.J. 317 (C.A.A.F.2001) (plain error standard for disciplinary challenges)