Oklahoma § 44-834 - Advice to convening authority before referral for trial

§ 44-834. Advice to convening authority before referral for trial

ARTICLE 34. Advice to convening authority before referral for

trial.

A. General court-martial.

Oklahoma Statutes - Title 44. Militia

1. Staff judge advocate advice required before referral.

Before referral of charges and specifications to a general courtmartial 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:

a.

the specification alleges an offense under the

Oklahoma Uniform Code of Military Justice,

b.

there is probable cause to believe that the accused

committed the offense charged, and

c.

a court-martial would have jurisdiction over the

accused and the offense.

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.

B. Special court-martial; convening authority consultation with

judge advocate. Before referral of charges and specifications to a

special court-martial for trial, the convening authority shall

consult a judge advocate on relevant legal issues.

C. General and special courts-martial; correction of charges

and specifications before referral. Before referral for trial by

general court-martial or special court-martial, changes may be made

to charges and specifications:

1. To correct errors in form; and

2. When applicable, to conform to the substance of the evidence

contained in a report under subsection C of Section 832 of this

title (Article 32, subsection C).

D. Referral defined. In this section, the term "referral"

means the order of a convening authority that charges and

specifications against an accused be tried by a specified courtmartial.

Added by Laws 2019, c. 408, § 41, eff. Oct. 1, 2019.