Section 26.05.510. Advice of judge advocate and reference for trial.

   (a) Before directing the trial of a 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 chapter;
        (2) the specification is warranted by the evidence set out in the report of investigation under AS 26.05.500, if there is a report; and
        (3) a court-martial has jurisdiction over the accused and the offense.
   (b) The advice of the judge advocate under (a) of this section with respect to a specification under a charge shall include a written and signed statement by the judge advocate
        (1) stating the judge advocate's conclusions with respect to each matter set out in (a) of this section; and
        (2) recommending to the convening authority what action to take regarding the specification; if the specification is referred for trial, the recommendation of the judge advocate must accompany the specification.
   (c) If a charge or specification is not in the correct form or does not conform to the substance of the evidence set out in the investigating officer's report, the convening authority, with the advice of the judge advocate, may correct the charge or specification to conform to the evidence.

Notes

History

(Sec. 4 ch 55 SLA 2016)