Section 400.1015  Recommendation of the State Judge Advocate

a)         Before acting on a finding of guilt on any general or special court-martial in which there is a finding of guilt, the convening authority must obtain the written concurrence of the State Judge Advocate or designee by means of legal review.  The convening authority will refer the authenticated record of trial to the State Judge Advocate who shall use it in preparation of the review.

b)         Content.  The legal review shall be in writing and shall contain the following:

1)         Conclusions as to whether:

A)        The court had jurisdiction over the accused and the offense;

B)        The charge and specification stated an offense;

C)        The sentence was within the limits prescribed as a matter of law.

2)         A recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

c)         The State Judge Advocate's recommendation and a copy of the authenticated record of trial will be served on the accused and his or her defense counsel who may submit matters to the convening authority as provided in Section 400.1020.

d)         Disqualification.  No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, associate or assistant defense counsel, or investigating officer in any case may later act as State Judge Advocate or designee to any reviewing or convening authority in the same case.