§134. Article 34. Advice to convening authority before referral for trial
A. General court-martial. (1) Before referral of charges and specifications to a
general court-martial for trial, the convening authority shall submit the matter to the state
judge advocate for advice, which the state judge advocate shall provide to the convening
authority in writing. The convening authority may not refer a specification under a charge
to a general court-martial unless the state judge advocate advises the convening authority in
writing that:
(a) The specification alleges an offense under this Code;
(b) There is probable cause to believe that the accused committed the offense
charged; and
(c) A court-martial would have jurisdiction over the accused and the offense.
(2) Together with the written advice provided under Paragraph (1) of this Subsection,
the state judge advocate shall provide a written recommendation to the convening authority
as to the disposition that should be made of this specification in the interest of justice and
discipline.
(3) When a convening authority makes a referral for trial by general court-martial,
the written advice of the state judge advocate under Paragraph (1) of this Subsection and the
written recommendation of the state judge advocate under Paragraph (2) of this Subsection
with respect to each specification shall accompany the referral.
B. Special court-martial. Before referral of charges and specifications to a special
court-martial for trial, the convening authority shall consult a judge advocate on relevant
legal issues.
C. Before referral for trial by general court-martial or special court-martial, changes
may be made to charges and specifications:
(1) To correct errors in form; and
(2) When applicable, to conform to the substance of the evidence contained in a
report under Article 32(C) of this Code.
D. In this Article, the term "referral" means the order of a convening authority that
charges and specifications against an accused be tried by a specified court-martial.
Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.