John Rolph (judge)

John Rolph is an American lawyer and officer in the United States Navy's Judge Advocate General corps.cite news
url=http://www.jag.navy.mil/JAGMAG/Winter_Navy%20Judges%20Lend%20Expertise%20to%20the%20Court%20of%20Military%20Commission%20Review.pdf
title=Navy Judges Lend Expertise to the Court of Military Commission Review
publisher=
author=Jason Jones
date=
accessdate=2008-09-11
quote= ]

Military career

* In early 2007 Rolph was the Chief Judge of the Chief Judge of the Navy-Marine Corps Court of Criminal Appeals. [cite news
url=http://www.jag.navy.mil/JAGMAG/mayjun.pdf
title=Defining Communities of Practice
publisher=Navy Judge Advocate General Corps
author=Thomas Banda
date=May-June 2007
accessdate=2008-09-23
quote=Rolph, the “Community Champion,” was instrumental in motivating and encouraging all of the Trial Judiciary to begin routinely and effectively using the NKO discussion forum. ]
* On May 8 2007 Rolph was appointed a Judge on Court of Military Commission Review.cite news
url=http://www.defenselink.mil/news/Sep2007/Khadr%20-%20USCMCR%20Order%20(Sep%2019)%20(10%20pages).pdf
title=United States of America v. Omar Ahmed Khadr: Ruling on Motion to dismiss
publisher=
author=
date=2007-09-17
accessdate=2008-09-23
quote= ]
* On June 15 2007 Rolph was appointed the Deputy Chief Judge of the Court of Military Commission Review.

Guantanamo challenge

Rolph's appointment was mentioned in a jurisdictional appeal filed by Omar Khadr's lawyers. [cite news
url=http://www.defenselink.mil/news/jul2007/5-Khadr%20-%203%20Defense%20Motions%20(July%2031)(15%20pages)(R).pdf
title=MOTION FOR EXPEDITED ORAL ARGUMENT ON APPELLEE'S MOTION TO ABATE PROCEEDINGS
publisher=Department of Defense
author=
date=2007-07-20
accessdate=2008-09-23
quote=That the Appellee's Motion, at the very least, raises a substantial doubt as to the Court's jurisdiction is confirmed by Captain John Rolph's own actions in seeking evidence of the Secretary of Defense's ratification of his appointment from the Department of Defense General Counsel's Office. (See Disclosure Concerning Motion to Abate and Motion to Attach documents, dated 23 July 2007.) This is a threshold jurisdictional matter that must be resolved before the Court takes further filings from the parties or schedules further proceedings in this case. ]

Khadr's lawyers had argued that the Military Commissions Act only authorized the Secretary of Defense to appoint a Chief Judge, not a Deputy Chief Judge. And they pointed out that Rolph had been appointed the Deputy Chief Judge not by the Secretary of Defense Donald Rumsfeld, but by Deputy Secretary of Defense Gordon England. In June of 2007, in his role as Deputy Chief Judge, Rolph had completed the compilation of the Court's "rules of practice", which he published on June 28 2007. Deputy Secretary England approved the rules of practice on August 13 2007. Khadr's lawyers argued that Rolph lacked the jurisdiction to publish the Court's rules of practice -- that only the Chief Justice had that authority. And they argued that only the Secretary of Defense had the authority to approve the ruled -- not his Deputy.

Khadr's lawyers' appeal was heard by the Court of Military Commission Review itself, which ruled, on September 19 2008, that the Military Commissions Act gave the Secretary of Defense broad discretion in how he delegated the tasks involved in running and overseeing the court, and that Rolph rules were properly authorized.

References