35.195 Sessions.

246 words·~1 min read·/ky/chapter-35/35-195

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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, subject

to KRS 35.175, call the court into session without the presence of the members for

the purpose of:

(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; and

(d)Performing any other procedural function which does not require the presence

of the members of the court under this code. These proceedings shall be

conducted in the presence of the accused, defense counsel, and trial counsel

and shall be made part of the record.

These proceedings may be conducted notwithstanding the number of court members

and without regard to KRS 35.145.

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

present. All other proceedings, including any consultation of the members of the

court with counsel or the military judge shall be made part of the record and shall be

in the presence of the accused, the defense counsel, the trial counsel, and the

military judge.