Kentucky Statutes 35.170 – Advice of judge advocate and reference for trial
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(1) 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:
(a) The specification alleges an offense under this code;
(b) The specification is warranted by evidence indicated in the report of investigation under KRS § 35.160, if there is a report; and
(c) A court-martial would have jurisdiction over the accused and the offense.
(2) The advice of the judge advocate under subsection (1) of this section with respect to a specification under a charge shall include a written and signed statement by the judge advocate:
(a) Expressing conclusions with respect to each matter set forth in subsection (1)
of this section; and
(b) Recommending action that the convening authority take regarding the specification.
If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.
(3) 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.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 35, effective June 25, 2013. — Created
1954 Ky. Acts ch. 99, sec. 33, effective July 1, 1954.
(a) The specification alleges an offense under this code;
Terms Used In Kentucky Statutes 35.170
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Code: means this chapter. See Kentucky Statutes 35.010
- Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Kentucky Statutes 35.010
- 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 a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:
(a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one (1) of these. See Kentucky Statutes 35.010 - 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.
- Officer: means a commissioned or warrant officer. See Kentucky Statutes 35.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The specification is warranted by evidence indicated in the report of investigation under KRS § 35.160, if there is a report; and
(c) A court-martial would have jurisdiction over the accused and the offense.
(2) The advice of the judge advocate under subsection (1) of this section with respect to a specification under a charge shall include a written and signed statement by the judge advocate:
(a) Expressing conclusions with respect to each matter set forth in subsection (1)
of this section; and
(b) Recommending action that the convening authority take regarding the specification.
If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.
(3) 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.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 35, effective June 25, 2013. — Created
1954 Ky. Acts ch. 99, sec. 33, effective July 1, 1954.