39-6-32 - Military court -- Session -- Procedures.
39-6-32. Military court -- Session -- Procedures.
(1) After the service of charges has been referred for trial to a military court composed ofa military judge and members, the military judge may, subject to Section 39-6-28, call the courtinto session. The session shall be made a part of the record, and shall be in the presence of theaccused, the defense counsel, and the trial counsel.
(2) The session may be conducted without the presence of the members. A session underthis subsection may be conducted for the following purposes:
(a) hearing and determining motions raising defenses or objections which are capable ofdetermination without trial of the issues raised by a plea of not guilty;
(b) hearing and ruling upon any matter a military judge under this chapter may rule upon,whether or not the matter is appropriate for later consideration or decision by the members of thecourt;
(c) holding the arraignment and receiving the pleas of the accused, if permitted byregulations prescribed by the governor or adjutant general; or
(d) performing any other procedural function that may be performed by the military judgeunder this chapter or under rules prescribed under Section 39-6-39 and which does not require thepresence of the members of the court.
(3) When the members of a military court deliberate or vote, only the members may bepresent. All other proceedings, including any other consultation of the members of the court withcounsel or the military judge, shall be made a part of the record and shall be in the presence of theaccused, the defense counsel, and the military judge.
Enacted by Chapter 210, 1988 General Session