Rule 6. Quorum
(a)
A majority of the judges in regular active service authorized to constitute the United States Court of Appeals for the Armed Forces shall constitute a quorum. The concurrence of the majority of such judges, whether present and voting or voting telephonically or electronically, shall be required for a final resolution of any matter before the Court, subject to subsections (b), (c), and (d). In the event there are fewer than three active judges, such active judges shall constitute a quorum. See Article 144, UCMJ, 10 USC § 944.
(b)
The Chief Judge, or the judge performing the duties of the Chief Judge, shall have the authority to issue temporary orders or stays pending the convening of a quorum. See Rules
15
(f) and
27
(a)(4).
(d)
In the event a senior judge is recalled under Article 142(e), UCMJ, 10 USC § 942
(e), or an Article III judge is designated under Article 142(f), UCMJ, 10 USC § 942
(f), to sit on the Court, such judge shall be deemed to be a judge in regular active service under this rule with respect to those matters over which that judge has been recalled or designated to serve. To the extent that a judge in regular active service has been replaced under any circumstance set forth in Article 142(e)(1)(A)(i), (ii), or (iii), 10 USC § 942
(e)(1)(A)(i), (ii), or (iii), that judge shall not be included in the constitution of a quorum under this rule.