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.
South Dakota Legal Code