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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- RYDER v. UNITED STATES
- certiorari to the united states court of appeals for
- the armed forces
- No. 94-431. Argued April 18, 1995-Decided June 12, 1995
-
- Petitioner, an enlisted member of the Coast Guard, was convicted by
- a court-martial of drug offenses, and the Coast Guard Court of
- Military Review affirmed. On rehearing, that court rejected peti-
- tioner's claim that its composition violated the Appointments Clause,
- U. S. Const., Art. II, 2, cl. 2, because two of the judges on petition-
- er's three-judge panel were civilians appointed by the General
- Counsel of the Department of Transportation. The Court of Military
- Appeals agreed with petitioner that the appointments violated the
- Clause under its previous decision in United States v. Carpenter, 37
- M. J. 291, that appellate military judges are inferior officers who
- must be appointed by a President, a court of law, or a head of a
- department. The court nonetheless affirmed petitioner's conviction
- on the ground that the actions of the two civilian judges were valid
- de facto, citing Buckley v. Valeo, 424 U. S. 1 (1976) (per curiam).
- Held: The Court of Military Appeals erred in according de facto
- validity to the actions of the civilian judges of the Coast Guard
- Court of Military Review. Pp. 3-11.
- (a) The de facto officer doctrine-which confers validity upon acts
- performed under the color of official title even though it is later
- discovered that the legality of the actor's appointment or election to
- office is deficient-cannot be invoked to authorize the actions of the
- judges in question. Those cases in which this Court relied upon the
- doctrine in deciding criminal defendants' challenges to the authority
- of a judge who participated in the proceedings leading to their
- conviction and sentence, see, e.g., Ball v. United States, 140 U. S.
- 118, are distinguishable here because, inter alia, petitioner's claim
- is that there has been a trespass upon the constitutional power of
- appointment, not merely a misapplication of a statute providing for
- the assignment of already appointed judges. One who makes a
- timely challenge to the constitutionality of the appointment of an
- officer who adjudicates his case is entitled to a decision on the
- merits of the question and whatever relief may be appropriate if a
- violation indeed occurred. Cf. Glidden Co. v. Zdanok, 370 U. S.
- 530, 536. Any other rule would create a disincentive to raise
- Appointments Clause challenges with respect to questionable judicial
- appointments. Buckley v. Valeo and Connor v. Williams, 404 U. S.
- 549, which Buckley cited as authority, were civil cases that did not
- explicitly rely on the de facto officer doctrine in validating the past
- acts of public officials against constitutional challenges, and this
- Court is not inclined to extend those cases beyond their facts.
- Pp. 2-6.
- (b) The Court rejects the Government's several alternative defens-
- es of the Court of Military Appeals' decision to give its Carpenter
- holding prospective application only. First, the argument that the
- latter court exercised remedial discretion pursuant to Chevron Oil
- Co. v. Huson, 404 U. S. 97, is unavailing because there is not the
- sort of grave disruption or inequity involved in awarding retrospec-
- tive relief to this petitioner that would bring the Chevron Oil
- doctrine into play. Nor is it persuasively argued that qualified
- immunity, which specially protects public officials from damages
- liability for judgment calls made in a legally uncertain environment,
- should be extended to protect such officials from Appointments
- Clause attacks, which do not involve personal damages, but can only
- invalidate actions taken pursuant to defective title. Similarly, the
- practice of denying criminal defendants an exclusionary remedy from
- Fourth Amendment violations when those errors occur despite the
- government actors' good faith, United States v. Leon, 468 U. S. 897,
- does not require the affirmance of petitioner's conviction, since no
- collateral consequence arises from rectifying an Appointments Clause
- violation, see id., at 907, and such rectification provides a suitable
- incentive to make challenges under the Clause, see id., at 918-921.
- Finally, the Government's harmless-error argument need not be
- considered, since it was not raised below and there is no indication
- that the Court of Military Appeals determined that no harm oc-
- curred in this case. The related argument that any defect in the
- Court of Military Review proceedings was in effect cured by review
- in the Court of Military Appeals must be rejected because of the
- difference in function and authority between the two courts. Peti-
- tioner is therefore entitled to a hearing before a properly appointed
- panel of the Coast Guard Court of Military Review. Pp. 6-10.
- 39 M. J. 454, reversed and remanded.
- Rehnquist, C. J., delivered the opinion for a unanimous Court.
-