Arizona § 26-1034 Advice of staff judge advocate; reference for trial

Arizona Statutes

§ 26-1034 — Advice of staff judge advocate; reference for trial

Arizona § 26-1034

Title 26Arizona Revised Statutes

Ch. 9ARIZONA CODE OF MILITARY JUSTICE

Art. 6Pretrial Procedure

This text of Arizona § 26-1034 (Advice of staff judge advocate; reference for trial) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 26-1034 (2026).

Text

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 statem

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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.