Yes, service member advocacy organizations or associations can be allowed to submit an amicus curiae (“friend of the court”) brief in a military court-martial appeal, but it is a relatively rare occurrence and is at the discretion of the appellate court. The Rules of Practice and Procedure for the service Courts of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces (CAAF) have provisions that allow for the filing of amicus briefs.
An organization that wishes to file an amicus brief must first file a motion with the appellate court, asking for permission to do so. The motion must explain the organization’s interest in the case and how their unique perspective or expertise can assist the court in resolving a complex or important legal issue. The brief cannot simply re-argue the facts of the case but must provide a broader legal or policy argument that is helpful to the court. For example, a veterans’ advocacy group might file a brief in a case involving PTSD, providing the court with broader context on the issue.
Both the government and the appellate defense counsel have the opportunity to respond to the motion to file the amicus brief. The appellate court then has the sole discretion to grant or deny the motion. While not as common as in civilian appellate courts, amicus briefs are a recognized part of the military appellate process, allowing outside organizations to provide their perspective on legal issues of significant importance to the military community.