652:(Special Senate) and conducted sixteen trials involving some thirty of the perpetrators, mainly SA men, between 20 December 1938 and 9 February 1939. Of these, 26 were either acquitted or given a "warning," the mildest punishment allowable. This effectively whitewashed the vast majority of the violent crimes committed, including looting, assault, arson and the murder of 21 Jews. The four defendants that did receive the harsher punishment of expulsion from the Party were those who had committed sexual crimes such as rape or indecent assault involving Jewish women, thus violating the Nazi prohibition against intermingling of the races; they were also tried in State court and imprisoned. In addition, the Court wrote a report to the Reich Ministry of Justice recommending that no State investigations or criminal trials be held for those who had been acquitted.
441:) for Uschla processes was issued. It set out procedures for a preliminary inquiry to gather oral and written testimony. This was followed by a trial which involved a closed meeting with the opposing parties (who did not have legal counsel) and their witnesses, interrogation of the defendant and witnesses by the tribunal and questioning of the witnesses by both the plaintiff and the defendant. After consultation, the tribunal rendered its verdict. The directive also established appeal rights with defendants able to appeal adverse decisions to the next higher level. The Reichs-Uschla maintained ultimate decision-making authority, and had the exclusive right to cite "higher Party reasons" (paralleling "reasons of State" in the civil courts) as justification for not accepting a lower panel decision.
60:
690:. Without his approval and co-signature, any decision was invalid and unenforceable. Not only could Bormann nullify sentences imposed by the Court, but he interfered with their independence by informing the Court what decisions were expected in individual cases. Buch tried to maintain the independence of the Court but, frustrated by these developments, refused to preside in Court sessions and effectively withdrew from the tribunal. In August 1944, Bormann ordered almost all party judicial proceedings at every level, except for appeals, suspended to release personnel for the war effort. Disciplinary actions were assigned to the political leaders, to be quickly executed in summary fashion.
483:
vague term remained officially undefined. The SA then issued its own instructional memorandum in May 1930, stipulating that the
Uschlas lacked jurisdiction over "SA affairs" and could only intervene in those affairs if (a) the SA man's conduct did serious harm to the interests of the NSDAP and (b) his commanding officer agreed that serious harm had been done. This was intended to make Uschla jurisdiction, in effect, entirely contingent upon the consent of the SA commander. It also left the undefined term "SA affairs" open to interpretation and argument, so little progress in settling the jurisdictional squabble resulted and the memorandum was repealed in December 1930.
430:
signing their decrees for disciplinary action and for carrying out the decrees. Most importantly, they had the power to appoint and remove the Uschla members. This gave the political leaders a large measure of control which some used to bully and intimidate the Uschla members into findings that the political leaders desired. Hitler found the Reichs-Uschla a very advantageous control mechanism, as he could sway or influence their actions by his power of appointment while at the same time diverting any unpopular decisions away from himself.
272:, and Party members could appeal to it to absolve them of any unjustified attacks on their character leveled by a comrade. Examples of the types of complaints handled were slander, adultery, homosexuality, drunkenness and embezzlement of Party funds. The Party leadership intended that such issues be handled not in the law courts where they would be a matter of public record, but in the Party tribunal whose members were sworn to secrecy. This had the advantage of avoiding public scandal and preserving the Party's image of respectability.
674:, in which the Supreme Party Court, against Hitler's wishes, found no formal legal grounds for a conviction, the power of the Court was significantly reduced. Hitler ordered Buch to reverse the decision and expel Wagner, which he did in October 1942. Schneider, who had presided at the trial, was removed from the Court. Furthermore, Buch was ordered to remove all judges who had formal judicial experience and replace them with loyal Party comrades who could be trusted to arrive at the "correct" decisions.
491:
addition, at least one member of the reviewing tribunal had to be an SA or SS man. These safeguards shielded SA and SS members from automatic, direct accountability to the
Uschlas and tended to reinforce the independence of the paramilitary groups. Despite this, many in the SA remained dissatisfied; the fact that the latest directive originated from the political organization rather than from the SA command structure heightened resentment that the SA was being subjected to the Uschlas.
390:, who was wholeheartedly devoted to Hitler. On 2 January 1928, it was announced that Heinemann had requested to be relieved of his duties and Buch was named permanent chairman. During Heinemann's tenure, he succeeded in firmly establishing the Uschla as the Party's central control mechanism. It is estimated that it handled at least 200 cases between January 1926 and November 1927.
572:
members convicted in the State courts could be brought before the Party courts, tried for "bringing injury to the Party" and expelled from the NSDAP. Though the Party courts very rarely issued formal decisions ordering arrest and imprisonment, they worked closely with the State authorities and, following expulsion from the Party, arrest and State trial soon followed.
580:
Kreis courts even took place in State courthouses. The directive also ordered the subordinate Gaue and Kreis courts to be divided into two chambers on the model of the
Supreme Party Court, with each chamber to consist of a chairman, two judges and two alternate judges. The Party court system was estimated to consist of some 2,500 functionaries at this time.
567:
Effective 1 December 1933, the Party courts were established as official legal institutions of the State by the "Act for
Securing the Unity of the Party and State." The Act increased the powers of the courts, whereas any crime committed against the Party now was considered a crime against the State.
516:
A final relevant provision, contained in a directive of 17 February 1934, stipulated that before a proceeding against an SA or SS man was opened, his commanding officer was to be "notified" and given the opportunity to defend his subordinate at the trial. The provision requiring that at least one SA
280:
When the Uschla first convened in
January 1926, Hitler envisioned it at the top of a network of Party tribunals at the regional and local levels. Therefore, beginning in July 1926, Uschla committees began to be formed at lower Party levels. A three-level system was established which was expanded to
625:
until after the fact. However, Buch's courts at all levels were very active in the subsequent extensive purge of SA personnel throughout the Reich. Though no accurate figures exist as to the numbers expelled from the Party in the widespread purge, they included members of the political organization
367:
that Hitler envisioned for this role and, in fact, Heinemann sometimes expressed disagreement with Hitler in writing. Additionally, at age 68 he did not command the respect of younger Party leaders. He was an ill fit for the task of conciliating the many petty quarrels among Party members and could
231:
in
November 1923. The Party was reestablished on 27 February 1925 and Hitler subsequently resurrected these two committees in the Party statutes of 21 August 1925. They were soon combined into a unified Investigation and Settlement Committee, and its organization and functions were described in the
575:
On 1 January 1934, reorganization at the
Supreme Party Court divided it into 2 chambers and Holzschuher left the court. The First Chamber, headed by Buch, had Frank and Ludwig Schneider as associates and dealt with the southern and western Gaue. The Second Chamber was headed by Grimm with Graf and
482:
ordered the expulsion of an SA man, but his commander disagreed with the decision and claimed that the tribunal had no jurisdiction over SA men performing their functions in the line of duty. Buch conceded that the Uschla was not competent to handle complaints "between SA men in SA cases" but this
444:
The Uschla could originally render four possible judgments. First, it could declare itself incompetent to take up a case on a jurisdictional basis. If it did take the case, it could find an acquittal, a finding of guilty with a warning or a finding of guilty with expulsion from the Party. An April
429:
Though theoretically independent judicial review boards, the
Uschlas were highly dependent on and controlled by the Party political leaders at each level. The Uschlas could not open investigations on their own motion. The political leaders were responsible for calling the Uschlas into session, for
494:
In a new Reichs-Uschla directive of 1 January 1933, all Uschla members were designated autonomous Party officials not subject to being removed against their will by their political leaders. The
Uschlas now could investigate all members of the political organization and the SA. This directive also
579:
On 17 February 1934, a new directive more closely aligned the court's process with criminal procedures. The party courts were viewed as a separate branch of the State courts, and they were authorized to obtain confidential information from the police and State courts. The trials of many Gaue and
260:
Another function was conducting expulsion procedures for Party members. Expulsion offenses were broadly defined and members could be removed for a variety of vague reasons, including "disgraceful actions" and any "general offense" that might be judged to be injurious to the Party. This gave the
571:
The Act authorized the Party courts to punish government employees who were Party members. This exposed them to a type of double jeopardy, by which Party members expelled or punished by the Party Court would almost automatically face removal from their civil service position. Conversely, Party
490:
members, providing them with considerable protections. Disputes concerning purely "SA and SS affairs" were conceded to be the preserve of each paramilitary group. Only high ranking SA or SS officers were permitted to order the opening of Uschla proceedings against men under their command. In
748:
board, since its true function was not to determine which party had the correct legal view or position in a dispute (as does a court of law), but rather to resolve disputes promptly and effectively, so that internecine battles would not adversely affect the public's (or the general party
220:) of 29 July 1921 when Hitler established two separate committees for resolving conflicts in the Party. Each was to consist of a chairman and two members. The first was the Investigation Committee, headed by himself, and the second was the Settlement Committee, headed by Party cofounder
620:
and his colleagues by gathering complaints about homosexual activities among SA members, Buch was a longtime opponent of Röhm's. Nonetheless, Buch felt that Röhm and his fellow SA leaders should have faced charges before the
Supreme Party Court, and he was not informed of their
368:
not enforce his judgments without Hitler's support. He failed to grasp the real purpose of the tribunal, namely, to settle disputes so as to keep them quiet, rather than to achieve substantive justice between the disputants or to enforce a strict moral code.
594:
was appointed at the end of 1934. Knop subsequently succeeded Buch as Chairman of the First Chamber on 1 January 1936, though Buch remained overall head of the Court as Supreme Party Judge. Wilhelm Grimm left the Court in March 1939.
421:. In June 1932, to improve the tribunal's efficiency in handling an ever increasing workload, it was divided into three chambers, headed by Buch, Holzschuher and Grimm, each having its own separate geographical jurisdiction.
517:
or SS man be a member of the tribunal remained in effect. Thus the paramilitary organizations, though still subject to jurisdiction by the Uschlas, possessed special protections not available to other Party members.
437:, or even have formal legal training. Affidavits or other written testimony was usually gathered, but personal interrogations and formal hearings rarely occurred. In August 1929 the first major Party directive (
240:
One task of the new body was the examination of the validity of applications by prospective Party members. In examining membership applications, the Uschla applied the Nazi Party's racial policies in excluding
416:
On 18 December 1930, Wilhelm von Holzschuher joined the Uschla as Deputy to Chairman Buch. In January 1932, the continued increased growth in Party membership necessitated adding an additional assessor,
503:(Reich leadership). Its rulings were binding on all NSDAP members and there was no appeal against its findings. Gau-Uschla chairmen were entitled to the rank and service uniform of a Deputy
467:
within the movement, and resented any infringement upon its freedom of action. The natural antagonism between the two loci of power peaked when the Uschla attempted to subject SA men to its
433:
At the beginning, the Uschlas operated rather haphazardly, without a detailed set of guidelines. Although some Uschla staff possessed law degrees, tribunal members were not required to be
445:
1931 directive added ordering a reprimand by the defendant's political leader, which included banning the holding of a Party office or appearing as a speaker for the movement.
363:), appointed 1 December 1925. As a former high-ranking military officer, he had the image Hitler was looking for in his "honor court." However, he was not quite the
731:
An alternate translation is Inquiry and Settlement Tribunal; "Settlement" in this context is sometimes translated as "Arbitration," "Mediation" or "Conciliation."
59:
371:
Accordingly, Hitler decided to replace Heinemann and, on 27 November 1927, after frequent illness-related absences, Heinemann was replaced as chairman in an
1416:
495:
served to enhance the power and prestige of the tribunals. It officially designated them as "courts of honor" and even created a Special Court of Honor (
297:
1421:
409:, like Buch also a member of Hitler's bodyguard. Ostberg, however, was replaced around the same time as Heinemann with Hitler's personal lawyer,
693:
At the fall of the Nazi regime in May 1945, the Party courts were abolished. Buch, who had headed them since 1927, was arrested and tried in the
534:
of 30 January 1933, the Uschlas continued to experience an increase their importance and status. On 2 June 1933, Buch and Grimm were named NSDAP
261:
committee wide latitude to exclude anyone the political leadership opposed. Once excluded, it was rare for anyone to be readmitted to the Party.
264:
The committee was also charged with the settlement of internal disputes and feuds among Party members. The Uschla was patterned on the former
1397:
1378:
1321:
540:(Reich Leaders), the second-highest political rank in the Nazi Party. On 9 December 1933, a new directive changed the name of the Uschlas to
257:
ties. It specifically excluded anyone with any trace of Jewish blood dating back to 1800, or anyone having marriage ties to such persons.
332:
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312:. Subordinate level Uschlas began to be organized in summer 1926 and were largely complete by October 1930. In 1931, the
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A further Party directive issued 15 April 1931 officially outlined the jurisdiction between the Uschlas and the SA and
677:
On 21 November 1942, a new directive ordered that every Supreme Party Court judgment had to be confirmed by the
661:
604:
406:
203:) in January 1934, under which title it functioned throughout the remainder of the Nazi regime until May 1945.
364:
292:, the city where the Nazi Party had its origins and its headquarters. Immediately below this level was the
766:, or geographic divisions for administrative purposes in 1926. There would eventually be 43 Gaue by 1941.
531:
192:
671:
317:
269:
608:
387:
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753:. William L. Shirer, "The Rise and Fall of the Third Reich" (Simon & Schuster, 1960), p. 122
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process. Found to be a "major offender", he was incarcerated until 29 July 1949 and committed
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and Hitler tightened his control over the entire movement. Having amassed evidence against SA-
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228:
463:(SA), jurisdictional issues plagued the Uschla for years. The SA leadership sought maximum
216:
The Uschla had its origins at the very beginnings of the Nazi Party in the Party statutes (
402:
383:
355:
548:). The existing four-level organization was retained. The Reichs-Uschla was renamed the
474:
A case in January 1930 highlighted the jurisdictional issue between the two groups. The
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459:
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413:. Hitler now had a tribunal composed entirely of close and highly trusted colleagues.
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180:, roughly translated as the Investigation and Settlement Committee) was an internal
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372:
188:
123:
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Konrad Hofer as associates and had jurisdiction of the northern and eastern Gaue.
453:
Reflecting the ongoing tension between the Party's political organization and its
1295:
The Nazi Party Courts: Hitler's Management of Conflict in His Movement, 1921-1945
1276:
Stormtroopers and Crisis in the Nazi Movement: Activism, Ideology and Dissolution
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376:
141:
603:
The longstanding conflict with the SA came to a dramatic conclusion during the
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308:, or local branch organization. A typical Gau might contain approximately 100
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While sometimes called a "court," the Uschla was more in the nature of an
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The courts now also could impose detention or imprisonment as punishment.
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184:
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227:
These components existed until the Party was banned in the wake of the
17:
639:
475:
434:
289:
109:
544:(Party courts). Buch was granted the title of Supreme Party Judge (
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and the Reichs-Uschla Chairman to that of a department head of the
499:) under the chairmanship of Buch with jurisdiction over all of the
750:
386:
but also a former member of Hitler's personal bodyguard unit, the
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242:
191:
in 1925 to settle intra-party problems and disputes. After the
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on 30 June 1934 when the leadership of the SA was effectively
648:, the Supreme Party Court's two Chambers each convened in a
1390:
SS Elite: The Senior Leaders of Hitler's Praetorian Guard
797:
795:
397:), had been Karl Ostberg who had served with Hitler as a
1316:. Vol. 1. Solihull, England: Helion & Company.
296:, a regional level body with one such tribunal for each
722:
Sometimes rendered in all capital letters as USCHLA.
583:
In personnel changes, Hans Frank left the Court and
348:The first Chairman of the Reichs-Uschla was former
158:
148:
133:
115:
104:
96:
81:
66:
762:The Nazi Party was divided into approximately 30
31:Investigation and Settlement Committee (Uschla)
8:
1312:Miller, Michael D.; Schulz, Andreas (2015).
1257:
1233:
1161:
897:
30:
375:capacity with the more politically astute
232:subsequent Party statutes of 22 May 1926.
29:
316:level was established to function at the
1352:The History of the Nazi Party: 1933-1945
1333:The History of the Nazi Party: 1919-1933
1173:
393:Working under Heinemann as "assessors" (
779:
715:
681:, which was headed by Secretary to the
178:Untersuchung und Schlichtungs-Ausschuss
44:Untersuchung und Schlichtungs-Ausschuss
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552:(Supreme Party Court) overseeing the
7:
1371:The Rise and Fall of the Third Reich
300:. The lowest level of tribunal, the
1392:. Vol. I. Fonthill Media LLC.
1354:. University of Pittsburgh Press.
1335:. University of Pittsburgh Press.
656:Decline of the Supreme Party Court
638:Following the massive anti-Jewish
25:
1417:1945 disestablishments in Germany
1373:. New York: Simon and Schuster.
749:membership's) perception of the
288:presided at Karolinenplatz 4 in
58:
1278:. London; New York: Routledge.
642:of 9–10 November 1938 known as
339:Supreme Party Judge (1933-1945)
1422:1925 establishments in Germany
1297:. University Press of Kansas.
701:on 12 September of that year.
337:Chairman of Uschla (1927-1933)
1:
281:a four-level system in 1931.
195:, the Uschla was renamed the
27:Nazi Party judicial tribunal
1314:Leaders of the Storm Troops
320:(county) level between the
284:At the national level, the
1448:
1293:McKale, Donald M. (1974).
154:Bruno Heinemann, 1925-1927
1274:Grant, Thomas D. (2004).
57:
41:
1427:Nazi Party organizations
1369:Shirer, William (1960).
1350:Orlow, Dietrich (1973).
1331:Orlow, Dietrich (1969).
1258:Miller & Schulz 2015
1234:Miller & Schulz 2015
1162:Miller & Schulz 2015
898:Miller & Schulz 2015
660:After the trial against
605:Night of the Long Knives
276:Organizational structure
187:that was established by
70:21 August 1925
42:
449:SA Jurisdictional Issue
100:Party judicial tribunal
1388:Williams, Max (2015).
550:Oberstes Parteigericht
546:Oberster Parteirichter
340:
201:Oberstes Parteigericht
48:Oberstes Parteigericht
1432:Quasi-judicial bodies
532:Nazi seizure of power
334:
193:Nazi seizure of power
51:(from 1 January 1934)
36:(from 1 January 1934)
1260:, pp. 104, 131.
900:, pp. 111, 113.
672:Gau Westphalia-South
599:Role in the SA purge
270:German Imperial Army
85:8 May 1945
1248:, pp. 183–184.
1212:, pp. 179–180.
1200:, pp. 164–169.
1188:, pp. 121–125.
1164:, pp. 122–123.
1104:, pp. 125–127.
1092:, pp. 118–119.
1056:, pp. 103–104.
816:, pp. 111–112.
710:Informational notes
626:as well as the SA.
521:Supreme Party Court
497:Besonderer Ehrenhof
197:Supreme Party Court
160:Parent organization
137:Supreme Party Judge
38:
33:Supreme Party Court
888:, pp. 27, 50.
852:, pp. 23, 25.
623:summary executions
341:
108:Karolinenplatz 4,
1399:978-1-78155-433-3
1380:978-0-831-77404-2
1323:978-1-909982-87-1
1044:, pp. 95–96.
1032:, pp. 82–84.
996:, pp. 77–78.
972:, pp. 76–80.
804:, pp. 21–22.
679:Party Chancellery
359:Bruno Heinemann (
304:was based in the
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16:(Redirected from
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229:Beer Hall Putsch
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688:Martin Bormann
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1174:Williams 2015
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1007:
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978:
975:
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959:
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558:Kreisgerichte
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537:Reichsleiters
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526:Establishment
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245:, along with
244:
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662:Josef Wagner
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649:
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630:Role in the
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562:Ortsgerichte
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314:Kreis-Uschla
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310:Orts-Uschlas
309:
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266:honor courts
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189:Adolf Hitler
177:
173:
171:
124:Nazi Germany
105:Headquarters
47:
43:
1246:McKale 1974
1222:McKale 1974
1210:McKale 1974
1198:McKale 1974
1138:McKale 1974
1126:McKale 1974
1114:McKale 1974
1102:McKale 1974
1090:McKale 1974
1078:McKale 1974
1066:McKale 1974
1054:McKale 1974
1042:McKale 1974
1030:McKale 1974
1006:McKale 1974
994:McKale 1974
970:McKale 1974
946:McKale 1974
934:McKale 1974
922:Shirer 1960
910:McKale 1974
886:McKale 1974
874:McKale 1974
850:McKale 1974
838:McKale 1974
826:McKale 1974
814:McKale 1974
802:McKale 1974
787:McKale 1974
742:arbitration
650:Sondersenat
609:decapitated
588: [
585:Walter Knop
554:Gaugerichte
439:richtlinien
407:Ulrich Graf
379:, a former
377:Walter Buch
335:Walter Buch
322:Orts-Uschla
302:Orts-Uschla
144:, 1927-1945
142:Walter Buch
1411:Categories
1186:Orlow 1973
1150:Orlow 1973
1018:Grant 2004
982:Orlow 1969
958:Orlow 1969
862:Grant 2004
705:References
618:Ernst Röhm
530:After the
480:Gau Saxony
457:wing, the
425:Procedures
411:Hans Frank
381:Reichswehr
351:Reichswehr
326:Gau-Uschla
306:Ortsgruppe
294:Gau-Uschla
247:Freemasons
182:Nazi Party
165:Nazi Party
89:1945-05-08
74:1925-08-21
774:Citations
746:mediation
667:Gauleiter
614:Stabschef
506:Gauleiter
395:beisitzer
344:Personnel
255:socialist
251:communist
236:Functions
135:Chairman/
82:Dissolved
67:Formation
634:Cover-up
465:autonomy
324:and the
185:tribunal
150:Chairman
116:Location
1268:Sources
699:suicide
435:lawyers
401:in the
268:of the
218:satzung
212:Origins
87: (
72: (
1396:
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1301:
1282:
684:Führer
640:pogrom
476:Plauen
373:acting
290:Munich
207:Uschla
174:Uschla
110:Munich
18:USCHLA
751:NSDAP
592:]
384:Major
318:kreis
1394:ISBN
1375:ISBN
1356:ISBN
1337:ISBN
1318:ISBN
1299:ISBN
1280:ISBN
560:and
405:and
243:Jews
172:The
97:Type
764:Gau
744:or
670:of
298:Gau
253:or
1413::
794:^
664:,
590:de
564:.
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513:.
488:SS
471:.
361:de
328:.
224:.
1402:.
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199:(
176:(
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76:)
20:)
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