B-125765, MAR. 14, 1956

B-125765, MAR. 14, 1956

TO THE SECRETARY OF THE ARMY:

LETTER OF OCTOBER 11, 1955, FROM THE ASSISTANT SECRETARY OF THE ARMY (CMA) REQUESTS A DECISION AS TO THE LEGALITY OF A PROPOSED TRANSFER OF RESPONSIBILITY TO THE INDIGENOUS GOVERNMENT OF THE RYUKYU ISLANDS FOR COLLECTIONS AND DEPOSITS OF FUNDS REPRESENTING FINES, BAIL FORFEITURES, AND CONFISCATIONS IMPOSED BY PROVOST COURTS OF THE UNITED STATES CIVIL ADMINISTRATION OF THE RYUKYUS SINCE THE OFFICE OF THE JUDGE ADVOCATE GENERAL INDICATED THAT PROCEEDS OF PROVOST COURTS MAY BE CONSIDERED PUBLIC FUNDS.

THE POWERS AND FUNCTIONS OF THESE PROVOST COURTS APPARENTLY WERE CONTAINED IN MILITARY GOVERNMENT (MG) ORDINANCE NO. 1, EFFECTIVE JULY 5, 1949, AND CHANGES THERETO; SPECIAL PROCLAMATION NO. 32, EFFECTIVE JULY 5, 1949; OPERATIONAL INSTRUCTIONS NO. 42, DATED FEBRUARY 4, 1952; AND USCAR DIRECTIVE AG 014.1, DATED APRIL 30, 1952. THIS MILITARY GOVERNMENT ORDINANCE NO. 1, AND ALL CHANGES THERETO, HOWEVER, WERE RESCINDED AND SUPERSEDED BY CA ORDINANCE 144, DATED MARCH 16, 1955. UNDER ORDINANCE 144, THE CIVIL ADMINISTRATION COURTS OF THE RYUKYUS CONSIST OF SUPERIOR COURTS AND SUMMARY COURTS, BUT NO PROVOST COURTS. SINCE THE PRESENT SUMMARY COURTS HAVE JURISDICTION SIMILAR TO THE JURISDICTION OF THE FORMER PROVOST COURTS, THE QUESTION WILL BE CONSIDERED AS RELATING TO THE PRESENT SUMMARY COURTS. THE JURISDICTION OF THE CIVIL ADMINISTRATION COURTS, INCLUDING THE SUMMARY COURTS, IS SET OUT IN CHAPTER 2 OF ORDINANCE 144 AS FOLLOWS:

"1.2.4 JURISDICTION OVER TERRITORY. JURISDICTION OF EVERY CIVIL ADMINISTRATION COURT SHALL EXTEND THROUGHOUT THE TERRITORIAL JURISDICTION OF THE WHOLE OF THE RYUKYU ISLANDS, AND ABOARD VESSELS OF RYUKYUAN REGISTRY WHETHER WITHIN OR WITHOUT THE RYUKYU ISLANDS.

"1.2.5 JURISDICTION OVER PERSONS. JURISDICTION OF EVERY CIVIL ADMINISTRATION COURT SHALL EXTEND TO ALL PERSONS IN THE RYUKYU ISLANDS, EXCEPT:

"A. PERSONS SUBJECT TO THE UNIFORM CODE OF MILITARY JUSTICE OF THE MILITARY OF NAVAL LAW OF ALLIED POWERS; HOWEVER, THIS PROVISO SHALL NOT OPERATE TO DEPRIVE ANY COURT OF JURISDICTION OVER A PERSON REFERRED TO IT FOR TRIAL BY THE DEPUTY GOVERNOR.

"B. PERSONS HAVING DIPLOMATIC IMMUNITY.

"1.2.6 JURISDICTION OVER OFFENSES. CIVIL ADMINISTRATION COURTS SHALL HAVE JURISDICTION OVER:

"A. OFFENSES UNDER ANY PROCLAMATION, ORDINANCE OR DIRECTIVE PROMULGATED BY OR UNDER THE AUTHORITY OF THE CIVIL ADMINISTRATION.

"B. OFFENSES UNDER ANY PROVISION OF THE PENAL LAW OF THE RYUKYU ISLANDS AS DEFINED IN SECTION 1.1.2 ABOVE; PROVIDED, THAT THE DEPUTY GOVERNOR OR AN OFFICER ACTING UNDER HIS AUTHORITY SHALL HAVE ORDERED THE TRIAL OF THE CASE BY A CIVIL ADMINISTRATION COURT.'

IN ADDITION TO THESE CIVIL ADMINISTRATION COURTS THERE IS A RYUKYUAN COURT SYSTEM ESTABLISHED UNDER THE INDIGENOUS GOVERNMENT OF THE RYUKYU ISLANDS BY CIVIL ADMINISTRATION PROCLAMATION NO. 12, EFFECTIVE JANUARY 3, 1952, AS AMENDED, CONSISTING OF THE MAGISTRATE COURTS, THE CIRCUIT COURTS AND THE COURT OF APPEALS OF THE RYUKYUS. THESE COURTS HAVE CIVIL JURISDICTION (INCLUDING REAL ESTATE DISPUTES) OVER ALL PERSONS IN THE RYUKYU ISLANDS AND CRIMINAL JURISDICTION OVER INDIGENOUS PERSONNEL FOR VIOLATIONS OF (LOCAL) LAWS AND OFFENSES NOT WITHIN THE JURISDICTION OF THE CIVIL ADMINISTRATION COURTS.

THE MILITARY GOVERNMENT (MG) ORDINANCE NO. 144 ALSO PROVIDED THAT THE PROCEDURE IN CIVIL ADMINISTRATION COURTS SHALL, IN GENERAL, FOLLOW THE RULES OF PROCEDURE SET FORTH IN THE MANUAL FOR COURTS-MARTIAL, U.S. ARMY, 1951, SECTION 126H OF THIS MANUAL PROVIDES THAT FINES AND FORFEITURES IMPOSED BY COURTS MARTIAL ACCRUE TO THE UNITED STATES.

THE SUMMARY COURTS ARE OPERATED BY MILITARY PERSONNEL AND FINANCED WITH FEDERAL APPROPRIATED FUNDS. THEIR PRIMARY CRIMINAL JURISDICTION RELATES ONLY TO OFFENSES UNDER PROCLAMATIONS, ORDINANCES, OR DIRECTIVES ISSUED BY THE UNITED STATES CIVIL ADMINISTRATION. COLLECTIONS AND DEPOSITS OF FUNDS REPRESENTING FINES, BAIL FORFEITURES, AND CONFISCATIONS IMPOSED BY THESE SUMMARY COURTS ARE NOT MONEYS WHICH NORMALLY WOULD BE APPLIED TO CONTINUE EITHER THE ORDINARY FUNCTIONS OF THE INDIGENOUS GOVERNMENT OF THE RYUKYU ISLANDS OR THE FUNCTIONS OF THE UNITED STATES CIVIL ADMINISTRATION WHICH OPERATES UNDER APPROPRIATED FUNDS. IT SEEMS CLEAR THAT THESE MONEYS ARE RECEIVED FOR THE USE OF THE UNITED STATES AND, THEREFORE, ARE REQUIRED BY SECTION 3617, REVISED STATUTES, TO BE DEPOSITED INTO THE TREASURY AS MISCELLANEOUS RECEIPTS.

ACCORDINGLY, THE PROPOSED TRANSFER OF RESPONSIBILITY TO THE INDIGENOUS GOVERNMENT OF THE RYUKYU ISLANDS FOR COLLECTING THE FINES AND DEPOSITS HERE INVOLVED WITH THE RIGHT TO THE USE OF SUCH COLLECTIONS AND DEPOSITS IS NOT AUTHORIZED.

THE USCAR DOCUMENTATION AND DIRECTIVE FORWARDED HERE BY LETTER OF JANUARY 10, 1956, FROM LT. COL. WM. W. UNDERWOOD, FILE CAMG-PA, IS RETURNED, AS REQUESTED.