{"data":{"id":"us-ky/krs-35.331","jurisdiction":"us-ky","citation":"KRS 35.331","heading":"Review by the senior force judge advocate.","body":"(1) Each general and special court -martial case in which there has been a finding of\nguilty shall be reviewed by the senior force judge advocate, or a designee. The\nsenior force judge advocate or designee may not review a case under this subsection\nif that per son has acted in the same case as an accuser, investigating officer,\nmember of the court, military judge, or counsel or has otherwise acted on behalf of\nthe prosecution or defense. The senior force judge advocate's review shall be in\nwriting and shall contain the following:\n(a) Conclusions as to whether:\n1. The court had jurisdiction over the accused and the offense;\n2. The charge and specification stated an offense; and\n3. The sentence was within the limits prescribed as a matter of law;\n(b) A response to each allegation of error made in writing by the accused; and\n(c) If the case is sent for action under subsection (2) of this section, a\nrecommendation as to the appropriate action to be taken and an opinion as to\nwhether corrective action is required as a matter of law.\n(2) The record of trial and related documents in each case reviewed under subsection\n(1) of this section shall be sent for action to the adjutant general if:\n(a) The judge advocate who reviewed the case recommends corrective action;\n(b) The sentence approved under KRS 35.326(3) extends to dismissal, a bad -\nconduct or dishonorable discharge, or confinement for more than six (6)\nmonths; or\n(c) Action is otherwise required by regulations of the adjutant general.\n(3) (a) The adjutant general may:\n1. Disapprove or approve the findings or sentence, in whole or in part;\n2. Remit, commute, or suspend the sentence in whole or in part;\n3. Except where the evidence was insufficient at the trial to support the\nfindings, order a rehearing on the findings, o n the sentence, or on both;\nor\n4. Dismiss the charges.\n(b) If a rehearing is ordered but the convening authority finds a rehearing\nimpracticable, the convening authority shall dismiss the charges.\n(c) If the opinion of the senior force judge advocate, or d esignee, in the senior\nforce judge's review under subsection (1) of this section is that corrective\naction is required as a matter of law and if the adjutant general does not take\naction that is at least as favorable to the accused as that recommended by t he\njudge advocate, the record of trial and action thereon shall be sent to the\nGovernor for review and action as deemed appropriate.\n(4) The senior force judge advocate, or a designee, may review any case in which there\nhas been a finding of not guilty of all charges and specifications. The senior force\njudge advocate, or designee, may not review a case under this subsection if that\nperson has acted in the same case as an accuser, investigating officer, member of the\ncourt, military judge, or counsel or has otherwise acted on behalf of the prosecution\nor defense. The senior force judge advocate's review shall be limited to questions of\nsubject matter jurisdiction.\n(5) The record of trial and related documents in each case reviewed under subsection\n(4) of this section shall be sent to the adjutant general. The adjutant general may:\n(a) When subject matter jurisdiction is found to be lacking, void the court -martial\nab initio, with or without prejudice to the government, as the adjutant general\ndeems appropriate; or\n(b) Return the record of trial and related documents to the senior force judge\nadvocate for appeal by the government as provided by law.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41944","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"0e6d0f0b424d7d33838288be0167ab5cd037ecd1eec6ddf70cfea282acb5ac70","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.330","next":"us-ky/krs-35.332"},"notice":"GroundRules: Original legal text. Not legal advice."}