Page:United States Statutes at Large Volume 123.djvu/2604

 123STA T . 2 584PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9‘ ‘ (A)theac t ion o f a m i l ita ry a p pellate judg e or other duly appointed judge under thi s chapter on the U nited S tates C ourt of M ilitary Commissions R e v ie w in reaching a decision on the findings or sentence on appeal in any case or ‘‘( B )thee x ercise of professional judgment b y trial counsel or defense counsel appearing before the United States Court of Military Commission Review . ‘‘( 2 ) N o person may censure , reprimand, or admonish a military appellate judge on the United States Court of Military Commission Review, or counsel thereof, with respect to any exercise of their functions in the conduct of proceedings under this chapter. ‘‘( 3 ) T he provisions of this subsection shall not apply with respect to — ‘‘(A) general instructional or informational courses in mili - tary justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of military commissions; or ‘‘(B) statements and instructions given in open proceedings by an appellate military judge or a duly appointed appellate judge on the United States Court of Military Commission Review, or counsel. ‘‘( 4 ) No appellate military judge on the United States Court of Military Commission Review may be reassigned to other duties, except under circumstances as follows ‘‘(A) The appellate military judge voluntarily re q uests to be reassigned to other duties and the Secretary of D efense, or the designee of the Secretary, in consultation with the J udge Advocate G eneral of the armed force of which the appellate military judge is a member, approves such reassignment. ‘‘(B) The appellate military judge retires or otherwise sepa- rates from the armed forces. ‘‘(C) The appellate military judge is reassigned to other duties by the Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, based on military necessity and such reassignment is consistent with service rotation regulations (to the extent such regulations are applicable). ‘‘(D) The appellate military judge is withdrawn by the Secretary of Defense, or the designee of the Secretary, in con- sultation with the Judge Advocate General of the armed force of which the appellate military judge is a member, for good cause consistent with applicable procedures under chapter 4 7 of this title (the Uniform Code of Military Justice). ‘‘(c) PROHIB I T IO N ON CON S I DE R A TION O F A C TIONS ON CO M MIS- SION IN EV A LU ATION OF F ITNESS.— I n the preparation of an effective- ness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a commissioned officer of the armed forces is qualified to be advanced in grade, or in determining the assignment or transfer of any such officer or whether any such officer should be retained on active duty, no person may— ‘‘( 1 ) consider or evaluate the performance of duty of any member of a military commission under this chapter; or ‘‘(2) give a less favorable rating or evaluation to any commissioned officer because of the z eal with which such officer,