35.170 Advice of judge advocate and reference for trial.

228 words·~1 min read·/ky/chapter-35/35-170

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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:

(a)The specification alleges an offense under this code;

(b)The specification is warranted by evidence indicated in the report of

investigation under KRS 35.160, if there is a report; and

(c)A court-martial would have jurisdiction over the accused and the offense.

(2)The advice of the judge advocate under subsection

(1)of this section with respect to

a specification under a charge shall include a written and signed statement by the

judge advocate:

(a)Expressing conclusions with respect to each matter set forth in subsection

of this section; and

(b)Recommending action that the convening authority take regarding the

specification.

If the specification is referred for trial, the recommendation of the judge advocate

shall accompany the specification.

(3)If the charges or specifications are not formally correct or do not conform to the

substance of the evidence contained in the report of the investigating officer, formal

corrections and such changes in the charges and specifications as are needed to

make them conform to the evidence may be made.