48-2605. (KCMJ Art. 34) Advice of staff judge advocate and reference for trial. - Kansas Statutes

48-2605

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 26.--CODE OF MILITARY JUSTICE; PRETRIAL PROCEDURE

      48-2605.   (KCMJ Art. 34) Advice of staff judge advocate and reference for trial.(a) Before directing the trial of any charge by general court-martial,the convening authority shall refer it to the convening authority'sstaff judge advocate forconsideration and advice. The convening authority may not refer aspecification under a charge toa general court-martial for trial unless the convening authority has beenadvised in writing by the staffjudge advocate that:

      (1)   The specificationalleges an offense under this code;

      (2)   the specification is warranted by the evidence indicatedin the report of the investigation under K.S.A. 48-2603 and amendmentsthereto, if there is such a report; and

      (3)   a court-martial would have jurisdiction over the accused and the offense.

      (b)   The advice of the staff judge advocate under subsection (a) withrespect to a specification under a charge shall include a written andsigned statement by the staff judge advocate:

      (1)   Expressing the staff judge advocate's conclusions with respect toeach matter set forth in subsection (a); and

      (2)   recommending action that the convening authority take regardingthe specification.

      If the specification is referred for trial, the recommendation of thestaff judge advocate shall accompany the specification.

      (c)   If the charges or specifications are not formally correct or do notconform to the substance of the evidence contained in the report of theinvestigating officer, formal corrections, and such changes in the chargesand specifications as are needed to make them conform to the evidence shallbe made.

      History:   L. 1972, ch. 203, § 48-2605;L. 1988, ch. 191, § 22; July 1.