Section 216 – Military court — Session — Procedures.

• (1) After the service of charges has been referred for trial to a military court composed of a military judge and panel members, the military judge may, subject to Section 39A-5-118, call the court into session. The session shall be:
  • (a) made a part of the record; and
  • (b) in the presence of the accused, the defense counsel, and the trial counsel.

• (2) The session may be conducted without the presence of the panel members.

• (3) A session under this subsection may be conducted 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 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 the court;
  • (c) holding the arraignment and receiving the pleas of the accused, if permitted by regulations promulgated by the governor or adjutant general; or
  • (d) performing any other procedural function that may be performed by the military judge under this chapter or under rules promulgated under Section 39A-5-219 and which does not require the presence of the members of the court.

• (4) When the members of a military court deliberate or vote, only the members may be present.

• (5) All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, and the military judge.

Renumbered and Amended by Chapter 373, 2022 General Session