46-1127 SESSIONS. - Idaho Statutes

TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 11

CODE OF MILITARY JUSTICE

46-1127. Sessions. (1) At any time after the service of charges which have been referred for trial to a court-martial, the military judge may call the court into session without the presence of the members for the following purposes:

(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 guilty;

(b) Hearing and ruling upon any matter which may be ruled upon by the military judge under this code, whether or not the matter is appropriate for later consideration or decision by the members of the court;

(c) Holding the arraignment and receiving the pleas of the accused;

(d) Performing any other procedural function which may be performed by the military judge under this code or under rules prescribed by the adjutant general and which does not require the presence of the members of the court.

(2) The proceedings described in subsection (1) of this section shall be conducted in the presence of the accused, the defense counsel, and the trial counsel, and shall be made a part of the record.

(3) When the members of a court-martial deliberate or vote, only the members may be present.