Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart I - POST-TRIAL PROCEDURE AND REVIEWS
Section 400.1035 - General and Special Courts-Martial in Which There is a Finding of Guilty; Review by Senior Force Judge Advocate; Action by the Adjutant General
Current through Register Vol. 48, No. 12, March 22, 2024
a) In addition to the judge advocate's recommendation under Code Section 60, in a general and special court-martial in which there is a finding of guilt, the State Judge Advocate or designee shall review the case. No person may review the case who has acted as an accuser, member, military judge, trial counsel, assistant trial counsel, defense counsel, associate or assistant defense counsel, or investigating officer in that case. The review shall be in writing and shall contain the following:
b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the Adjutant General if:
c) The Adjutant General may:
d) If the Adjutant General orders a rehearing but the convening authority finds a hearing impractical, the convening authority shall dismiss the charges.
e) If, in the State Judge Advocate's opinion, corrective action is required as a matter of law, and if the Adjutant General does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of the trial and the action shall be sent to the Governor for review and action as deemed appropriate.
f) The State Judge Advocate, or designee, may review any case in which there has been a finding of not guilty of all charges and specifications. However, the State Judge Advocate may not review the case if he or she has acted as an accuser, member, military judge, trial counsel, assistant trial counsel, defense counsel, associate or assistant defense counsel, or investigating officer in that case. The review shall be limited to questions of subject matter jurisdiction.
g) The records of trial and related documents in each case reviewed under subsection (f) shall be sent for action to the Adjutant General who may: