{"data":{"id":"us-ky/krs-35.170","jurisdiction":"us-ky","citation":"KRS 35.170","heading":"Advice of judge advocate and reference for trial.","body":"(1) Before directing the trial of any charge by general court -martial, the convening\nauthority shall refer it to a judge advocate for consideration and advice. The\nconvening authority may not refer a specification under a charge to a general court -\nmartial for trial unless the convening authority has been advised in writing by a\njudge advocate that:\n(a) The specification alleges an offense under this code;\n(b) The specification is warranted by evidence indicated in the report of\ninvestigation under KRS 35.160, if there is a report; and\n(c) A court-martial would have jurisdiction over the accused and the offense.\n(2) The advice of the judge advocate under subsection (1) of this section with respect to\na specification under a charge shall include a written and sign ed statement by the\njudge advocate:\n(a) Expressing conclusions with respect to each matter set forth in subsection (1)\nof this section; and\n(b) Recommending action that the convening authority take regarding the\nspecification.\nIf the specification is refe rred for trial, the recommendation of the judge advocate\nshall accompany the specification.\n(3) If the charges or specifications are not formally correct or do not conform to the\nsubstance of the evidence contained in the report of the investigating office r, formal\ncorrections and such changes in the charges and specifications as are needed to\nmake them conform to the evidence may be made.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41909","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"25753873fa53627d106da631fa29a0a2b19320b3efe0c20b00de69d242b10efd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.165","next":"us-ky/krs-35.175"},"notice":"GroundRules: Original legal text. Not legal advice."}