26-1034. Advice of staff judge advocate;
reference for trial
A. Before directing the trial of any charge by general court-martial, the convening
authority shall refer it to the staff judge advocate for consideration and advice. The
convening authority shall not refer a specification under a charge to a general
court-martial for trial unless he has been advised of all of the following in writing by
the staff judge advocate:
1. The specification alleges an offense in this chapter.
2. The specification is warranted by the evidence indicated in the investigation
and allied papers provided under section 26-1033.
3. A court-martial would have jurisdiction over the accused and the offense.
B. The advice of the staff judge advocate under subsection A of this section with
respect to a specification under a charge shall include a written and signed statement by
the staff judge advocate expressing his conclusions with respect to each matter set forth
in subsection A of this section and recommending action that the convening authority take
regarding the specification. If the specification is referred for trial, the
recommendation of the staff judge advocate shall accompany the specification.
C. 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.
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