33-10-189. Recommendation of judge advocate--Promulgation of rules--Response and objection.Before acting pursuant to §33-10-188 on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action shall obtain and consider the written recommendation of a judge advocate. The convening authority or other person taking action shall refer the record of trial to the judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate shall include such matters as may be prescribed by rules promulgated pursuant to chapter 1-26 by the Adjutant General and shall be served on the accused, who may submit any matter in response pursuant to §33-10-182. Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto. Source: SL 2012, ch 175, §170; SL 2023, ch 109, §17.
South Dakota Legal Code