Arizona Laws 26-1064. Review by judge advocate
A. Each case in which there has been a finding of guilty that is not reviewed under section 26-1067 shall be reviewed by a judge advocate under rules of the adjutant general. A judge advocate shall not review a case under this subsection if he 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 judge advocate’s review shall be in writing and shall contain the following:
Terms Used In Arizona Laws 26-1064
- Accuser: means a person who signs and swears to charges, a person who directs that charges nominally be signed and sworn to by another and any other person who has an interest other than an official interest in the prosecution of the accused. See Arizona Laws 26-1001
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Allegation: something that someone says happened.
- Confinement: means the physical restraint of a person. See Arizona Laws 26-1001
- 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.
- Judge advocate: means an officer of the judge advocate general's corps of the United States army or the army national guard of the United States or an officer of the United States air force or the air national guard of the United States who is designated as a judge advocate. See Arizona Laws 26-1001
- 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.
- Military: means any or all of the armed forces of this state, the United States or any other state. See Arizona Laws 26-1001
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes printing. See Arizona Laws 1-215
1. Conclusions as to whether the court had jurisdiction over the accused and the offense, whether the charge and specification stated an offense and whether the sentence was within the limits prescribed as a matter of law.
2. A response to each allegation of error made in writing by the accused.
3. If the case is sent for action under subsection B of this section, 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.
B. The record of trial and related documents in each case reviewed under subsection A of this section shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the court was convened or to that person’s successor in command if the judge advocate who reviews the case recommends corrective action, if the sentence approved includes a dismissal, a bad conduct or dishonorable discharge or confinement for more than four months or if such action is otherwise required by rules of the adjutant general.
C. The person to whom the record of trial and related documents are sent under subsection B of this section may:
1. Disapprove or approve the findings or sentence, in whole or in part.
2. Remit, commute or suspend the sentence in whole or in part.
3. Except if the evidence was insufficient at the trial to support the findings, order a rehearing on the findings or on the sentence, or both.
4. Dismiss the charges.
D. If a rehearing is ordered but the convening authority finds a rehearing impracticable, he shall dismiss the charges.