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.
Source: SL 2012, ch 175, §87.