South Dakota § 33-10-106 Advice of judge advocate regarding charge.

South Dakota Statutes

§ 33-10-106 — Advice of judge advocate regarding charge.

South Dakota § 33-10-106

Title 33MILITARY AFFAIRS

Ch. 33-7UNIFORM STATE CODE OF MILITARY JUSTICE

This text of South Dakota § 33-10-106 (Advice of judge advocate regarding charge.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 33-10-106 (2026).

Text

Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. 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 that:

(1)The specification alleges an offense under this code;

(2)The specification is warranted by the evidence indicated in the report of investigation pursuant to §§ 33-10-100 to 33-10-104 , inclusive, if there is such a report; and (3) A court-martial would have jurisdiction over the accused and the offense.

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Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. 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 that: (1) The specification alleges an offense under this code; (2) The specification is warranted by the evidence indicated in the report of investigation pursuant to §§ 33-10-100 to 33-10-104 , inclusive, if there is such a report; and (3) A court-martial would have jurisdiction over the accused and the offense.