SDCL § 33-10-106: Advice of judge advocate regarding charge.

Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that:

(1) The specification alleges an offense under this code;

(2) The specification is warranted by the evidence indicated in the report of investigation pursuant to §§ 33-10-100 to 33-10-104, inclusive, if there is such a report; and

(3) A court-martial would have jurisdiction over the accused and the offense.