33-10-207. Action by adjutant general regarding subject matter jurisdiction.
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/sd/title-33/chapter-33-10/33-10-207A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The record of trial and related documents in each case reviewed pursuant to § 33-10-206 shall be sent for action to the adjutant general. The adjutant general may:
(1)If subject matter jurisdiction is found to be lacking, void the court-martial ab initio , with or without prejudice to the government, as the adjutant general deems appropriate; or
(2)Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.