§ 130.39 — Sessions

New York § 130.39

• Jurisdiction: New York
• Law MIL: Military
• Part 7: Trial Procedure
• Art. 7: Code of Military Justice

Text

§ 130.39. Sessions.\n (a) At any time after the service of charges which have been referred\nfor trial to a court-martial composed of a military judge and members,\nthe military judge may, subject to section 130.35 of this chapter, call\nthe court into session without the presence of the members for the\npurpose of--\n (1) hearing and determining motions raising defenses or objections\nwhich are capable of determination without trial of the issues raised by\na plea of not guilty;\n (2) hearing and ruling upon any matter which may be ruled upon by the\nmilitary judge under this chapter, whether or not the matter is\nappropriate for later consideration or decision by members of the court;\n (3) if permitted by regulations issued pursuant to this chapter,\nholding the arraignment and receiving the pleas of the accused; and\n (4) performing any other procedural function which may be performed by\nthe military judge under this chapter or under rules prescribed pursuant\nto section 130.36 of this chapter and which does not require the\npresence of the members of the court. These proceedings shall be\nconducted in the presence of the accused, the defense counsel, and the\ntrial counsel and shall be made a part of the record.\n (b) When the members of a court-martial deliberate or vote, only the\nmembers may be present. All other proceedings, including any other\nconsultation of the members of the court with counsel or the military\njudge, shall be made a part of the record and shall be in the presence\nof the accused, the defense counsel, the trial counsel, and, in cases in\nwhich a military judge has been detailed to the court, the military\njudge.\n