48-2704. Sessions.
48-2704
48-2704. Sessions.(a) At any time after the service of charges which have been referred fortrial to a court-martial composed of a military judge and members, themilitary judge may, subject to K.S.A. 48-2606 call the courtinto session without the presence of the members for the purpose of:
(1) Hearing and determining motions raising defenses or objections whichare capable of determination without trial of the issues raised by a pleaof not guilty;
(2) hearing and ruling upon any matter which may be ruled upon by themilitary judge under this code, whether or not the matter is appropriatefor later consideration or decision by the members of the court;
(3) if permitted by regulations of the governor, holding the arraignmentand receiving the pleas of the accused; and
(4) performing any other procedural function which may be performed bythe military judge under this chapter or under rules prescribed pursuant toK.S.A. 48-2701 and which does not require the presence of themembers of the court. These proceedings shall be conducted in the presenceof the accused, the defense counsel, and the trial counsel and shall bemade part of the record.
(b) When the members of a court-martial deliberate or vote, only themembers may be present. All other proceedings, including any otherconsultation of the members of the court with counsel or the militaryjudge, shall be made a part of the record and shall be in the presence ofthe accused, the defense counsel, the trial counsel, and, in cases in whicha military judge has been detailed to the court, the military judge.
History: L. 1972, ch. 203, § 48-2704; July 1.