26-1034. Advice of staff judge advocate; reference for trial
A. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the staff judge advocate for consideration and advice. The convening authority shall not refer a specification under a charge to a general court-martial for trial unless he has been advised of all of the following in writing by the staff judge advocate:
1. The specification alleges an offense in this chapter.
2. The specification is warranted by the evidence indicated in the investigation and allied papers provided under section 26-1033.
3. A court-martial would have jurisdiction over the accused and the offense.
B. The advice of the staff judge advocate under subsection A of this section with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate expressing his conclusions with respect to each matter set forth in subsection A of this section and recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.
C. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made.
Section: Previous 26-1026 26-1027 26-1028 26-1029 26-1030 26-1031 26-1033 26-1034 26-1035 26-1036 26-1037 26-1038 26-1039 26-1040 26-1041 NextLast modified: October 13, 2016