§ 834. Advice to convening authority before referral for trial
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019
Effective: October 1, 2019
44 Okl.St.Ann. § 834
§ 834. Advice to convening authority before referral for trial
ARTICLE 34. Advice to convening authority before referral for trial.
1. Staff judge advocate advice required before referral. Before referral of charges and specifications to a general court-martial for trial, the convening authority shall submit the matter to the staff judge advocate for advice, which the staff 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 staff judge advocate advises the convening authority in writing that:
2. Staff judge advocate recommendation as to disposition. Together with the written advice provided under paragraph 1 of this subsection, the staff judge advocate shall provide a written recommendation to the convening authority as to the disposition that should be made of the specification in the interest of justice and discipline.
3. Staff judge advocate advice and recommendation to accompany referral. When a convening authority makes a referral for trial by general court-martial, the written advice of the staff judge advocate under paragraph 1 of this subsection and the written recommendation of the staff judge advocate under paragraph 2 of this subsection with respect to each specification shall accompany the referral.
Credits
Laws 2019, c. 408, § 41, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 834, OK ST T. 44 § 834
Current with emergency effective legislation through Chapter 316 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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