Utah Code 39A-5-117. Review of charge by SJA — Corrections to charges

39A-5-117. Review of charge by SJA — Corrections to charges.

(1)

Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 39A-5-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a)	Before directing the trial of any charge by a military court, the convening authority shall refer the charge to the SJA for consideration and advice.

(b)	The convening authority may not refer a charge to a military court for trial unless he or she has found that the charge alleges an offense under this chapter and is warranted by sufficient evidence, as indicated in the report of the investigation.

(2)	If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and changes in the charges and specifications as necessary may be made to conform to the evidence.

Renumbered and Amended by Chapter 373, 2022 General Session