Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart E - PRETRIAL PROCEDURES
Section 400.520 - Advice of Judge Advocate and Referral for Trial
Current through Register Vol. 48, No. 12, March 22, 2024
a) The convening authority shall refer the charges to the senior force judge advocate or designee for consideration and advice pursuant to Code Section 34. The judge advocate shall be provided with a complete copy of all documents, records or other evidence in the possession of the State and review all charges, together with the investigation and allied papers referenced in Code Section 33, as part of his or her legal review.
b) Before any charge or specification may be referred for trialby general or special court-martial, the convening authority shall refer it to a judge advocate for consideration and advice.
c) The advice of the judge advocate under subsection (b) with respect to a specification under a charge shall include a written and signed statement by the judge advocate expressing conclusions with respect to each matter set forth in subsection (b)(1). (Code Section 34(b)(1))
d) A copy of the advice of the judge advocate shall be referred to the accused if charges are referred to a general or special court-martial.
e) 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. (Code Section 34(c))