§ 31-2A-34 — (Article 34.) Advice of Judge Advocate and Reference for Trial

(a) Before directing the trial of any charge by general or special court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may refer a specification under a charge to a special court-martial after advice from the servicing judge advocate. The advice of counsel to the convening authority may be either in writing or verbal.
(b)
The convening authority may not refer a specification under a charge to a general
court-martial for trial unless the convening authority has been advised in writing by a judge advocate of all of the following:
(1) The specification alleges an offense under this code.
(2) The specification is warranted by the evidence indicated in the report of investigation under Section 31-2A-32 (Article 32), if there is such a report.
(3) A court-martial would have jurisdiction over the accused and the offense.
(c)
The advice of the judge advocate under
subsections
(a)
and (b)
with respect to a specification under a charge shall include a written and signed statement by the judge advocate containing both of the following:
(1) Conclusions with respect to each matter set forth in
subsections
(a)
and (b)
.
(2) Recommended action that the convening authority should take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.
(d)
If the charges or specifications are not correct formally 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.

Legislative History

(Act 2012-334, p. 790, §1; Act 2024-329, §1.)