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.