S.D. Codified Laws § 33-10-106

Current through the 2024 Legislative Session

Section 33-10-106 - Advice of judge advocate regarding charge

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.

SDCL 33-10-106

SL 2012, ch 175, §87.