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35.195 Action permitted by military judge alone -- When members exclusively to be present.

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35.195 Action permitted by military judge alone -- When members exclusively to be present. (1) At any time after the service of charges which have been referred for trial to a court- martial composed of a military judge and members, the military judge may call the <br>court into session without the presence of the members for: <br>(a) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not <br>guilty; or (b) Hearing and ruling upon any matter which may be ruled upon by the military judge whether or not the matter is appropriate for later consideration or <br>decision by the members of the court; or (c) If permitted by the regulations of the Governor holding the arraignment and receiving the pleas of the accused; and (d) Performing any other procedural function which may be performed by the military judge under KRS 35.180 which does not require the presence of the <br>members of the court. These proceedings shall be conducted in the presence of <br>the accused, defense counsel and trial counsel and shall be made part of the <br>record. (2) Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any consultation of the <br>court with counsel or the military judge shall be made part of the record and shall be <br>in the presence of the accused, the defense counsel, the trial counsel and the military <br>judge. History: Amended 1970 Ky. Acts ch. 56, sec. 25. -- Created 1954 Ky. Acts ch. 99, sec. 38, effective July 1, 1954.