Illinois Compiled Statutes 20 ILCS 1807/64 – Article 64. Review by the senior force judge advocate
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(a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior force judge advocate, or a designee. The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate’s review shall be in writing and shall contain the following:
(1) Conclusions as to whether:
(A) the court had jurisdiction over the accused
(1) Conclusions as to whether:
Terms Used In Illinois Compiled Statutes 20 ILCS 1807/64
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(A) the court had jurisdiction over the accused
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and the offense;
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(B) the charge and specification stated an
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offense; and
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(C) the sentence was within the limits prescribed
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as a matter of law.
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(2) A response to each allegation of error made in
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writing by the accused.
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(3) If the case is sent for action under subsection
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(b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.
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(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the Adjutant General if:
(1) the judge advocate who reviewed the case
(1) the judge advocate who reviewed the case
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recommends corrective action;
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(2) the sentence approved under subsection (c) of
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Article 60 of this Code extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than 6 months; or
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(3) such action is otherwise required by regulations
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of the Adjutant General.
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(c)(1) The Adjutant General may:
(A) disapprove or approve the findings or sentence,
(A) disapprove or approve the findings or sentence,
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in whole or in part;
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(B) remit, commute, or suspend the sentence in whole
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or in part;
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(C) except where the evidence was insufficient at
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the trial to support the findings, order a rehearing on the findings, on the sentence, or on both; or
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(D) dismiss the charges.
(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
(3) If the opinion of the senior force judge advocate, or designee, in the senior force judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate.
(d) The senior force judge advocate, or a designee, may review any case in which there has been a finding of not guilty of all charges and specifications. The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate’s review shall be limited to questions of subject matter jurisdiction.
(e) The record of trial and related documents in each case reviewed under subsection (d) shall be sent for action to the Adjutant General. The Adjutant General may:
(1) when subject matter jurisdiction is found to be
(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.
(3) If the opinion of the senior force judge advocate, or designee, in the senior force judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate.
(d) The senior force judge advocate, or a designee, may review any case in which there has been a finding of not guilty of all charges and specifications. The senior force judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The senior force judge advocate’s review shall be limited to questions of subject matter jurisdiction.
(e) The record of trial and related documents in each case reviewed under subsection (d) shall be sent for action to the Adjutant General. The Adjutant General may:
(1) when subject matter jurisdiction is found to be
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lacking, void the court-martial ab initio, with or without prejudice to the Government, as the Adjutant General deems appropriate; or
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(2) return the record of trial and related
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documents to the senior force judge advocate for appeal by the Government as provided by law.
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