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·Title 33 MILITARY AFFAIRS·Ch. 33-7 UNIFORM STATE CODE OF MILITARY JUSTICE

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.

South Dakota § 33-10-106 (Advice of judge advocate regarding charge.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.