- (a) The Military Appeals Commission is established in the Department of Military and Veterans' Affairs. The commission is a quasi-judicial agency.
(b) The commission has
(1) jurisdiction to hear appeals from courts-martial by the
- (A) state in accordance with AS 26.05.615; and
- (B) accused regarding sentences, punishments, clearly erroneous findings, and matters of law; and
- (2) the discretion to remand those cases to a competent court-martial.
(c) The commission consists of three members appointed by the governor and confirmed by a majority of the members of the legislature in joint session. A member shall be a resident of this state and
(1) be licensed to practice law
- (A) in this state and be a member in good standing of the Alaska Bar Association;
- (B) in another state and be a member in good standing of the bar of that state; or
- (C) as a member of the bar of a federal court;
- (2) have engaged in the active practice of law for at least five years;
- (3) be a former commissioned officer in the armed forces of the United States or the reserve components, or in the militia of a state; and
- (4) have at least five years' experience as an officer in the judge advocate general's corps of the armed forces of the United States or the militia of the state.
- (d) Except as provided in AS 39.05.080(4), an appointee selected to fill a vacancy shall hold office for the unexpired term of the member whose vacancy is filled. A vacancy in the commission does not impair the authority of a quorum of members to exercise the powers and perform the duties of the commission.
- (e) A member may be reappointed if the reappointment complies with this section.
- (f) The members of the commission shall select a chair from among the members of the commission. The selection shall be subject to the approval of the adjutant general.
- (g) The governor may remove a commissioner from office for cause including incompetence, neglect of duty, or misconduct in office. A commissioner, to be removed for cause, shall be given a copy of the charges and offered an opportunity to be publicly heard in person or by counsel in the commissioner's own defense upon not less than 10 days' notice. If a commissioner is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the commissioner and the governor's finding based on the charges, together with a complete record of the proceedings.
- (h) The adjutant general shall adopt regulations to govern appellate procedure before the Military Appeals Commission. The regulations shall be substantially similar to the provisions for post-trial procedure and review of courts-martial under 10 U.S.C. 801 - 946. The regulations must be approved by the governor. Regulations adopted under this section are exempt from AS 44.62 (Administrative Procedure Act).
- (i) The governor may appoint an alternate member, who will serve temporarily in cases where a Military Appeals Commission member is removed or otherwise unavailable to perform the duties of a commission member. The alternate member must be confirmed by a majority of the members of the legislature in joint session and otherwise meet the qualifications specified in (c) of this section.