§ 33-10-207 Action by adjutant general regarding subject matter jurisdiction.

SD Codified L § 33-10-207 (2019) (N/A)
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33-10-207. Action by adjutant general regarding subject matter jurisdiction. The record of trial and related documents in each case reviewed pursuant to § 33-10-206 shall be sent for action to the adjutant general. The adjutant general may:

(1) If subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government, as the adjutant general deems appropriate; or

(2) Return the record of trial and related documents to the senior force judge advocate for appeal by the government as provided by law.Source: SL 2012, ch 175, § 188.