6 November 2023, Journal entry.
No. 23-0163/AF. U.S. v. Matthew P. Leipart. CCA 39711. On consideration of a motion by Movant K.C. to compel all counsel of record to comply with C.A.A.F. R. 39 (2023) by serving her counsel with a copy of any pleading or other paper, it is noted:
(1) C.A.A.F. R. 39(a) requires service of pleadings and other paper on "all counsel of record, including amicus curiae counsel";
(2) under C.A.A.F. R. 16(a), a counsel becomes a counsel of record by filing a notice of appearance or making another filing "in the representation of a party to an action before the Court";
(3) Movant is not a party to the action before the Court, as the term "party" is used in C.A.A.F. R. 8(b), because when this Court granted Appellant's petition for review under Article 67(a)(3), Uniform Code of Military Justice, 10 U.S.C. § 867(a)(3) (2018), the Court recognized only two parties: Appellant (Technical Sergeant Matthew P. Leipart) and Appellee (the United States);
(4) Movant's counsel therefore does not represent Movant as a party to an action before the Court and therefore cannot be a counsel of record;
(5) Movant has not filed a brief as amicus curiae under C.A.A.F. R. 26(a), and therefore Movant's counsel is not amicus curiae counsel; and
(6) Movant and her counsel are therefore not entitled to service under C.A.A.F. R. 39(a).
Accordingly, it is ordered that said motion is denied.
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