[§124B-109]  Senior force judge advocate review of finding of guilty in summary court-martial.  (a)  In accordance with rules adopted by the governor or adjutant general, each summary court-martial in which there is a finding of guilty shall be reviewed by the senior force judge advocate or a judge advocate designated by the senior force judge advocate.  A judge advocate shall not review a case under this subsection if the judge advocate has acted in the same case as an accuser, preliminary hearing officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense.  The judge advocate's review shall be in writing and shall contain the following:

     (1)  Conclusions as to whether:

          (A)  The court had jurisdiction over the accused and the offense;

          (B)  The charge and specification stated an offense; and

          (C)  The sentence was within the limits prescribed by law or by rule;

     (2)  A response to each allegation of error made in writing by the accused; and

     (3)  If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

     (b)  The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the person exercising general court-martial jurisdiction over the accused at the time the summary court-martial was convened or to that person's successor in command if:

     (1)  The judge advocate who reviewed the case recommends corrective action; or

     (2)  Corrective action is otherwise required by rules adopted by the governor or adjutant general.

     (c)  The person to whom the record of trial and related documents are sent under subsection (b) may:

     (1)  Approve or disapprove the findings or sentence, in whole or in part;

     (2)  Remit, commute, or suspend the sentence in whole or in part;

     (3)  Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, the sentence, or both; or

     (4)  Dismiss the charges.

     (d)  Charges shall be dismissed if a rehearing is ordered but the convening authority finds a rehearing impracticable.

     (e)  If the opinion of the judge advocate in the judge advocate's review under subsection (a) is that corrective action is required as a matter of law and if the person required to take action under subsection (b) does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the state judge advocate for review under this section. [L 2022, c 286, pt of §2]