(a) 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 K.S.A. 48-2606 call the court into session without the presence of the members for the purpose of:
(1) 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;
(2) 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;
(3) if permitted by regulations of the governor, holding the arraignment and receiving
the pleas of the accused; and
(4) performing any other procedural function which may be performed by the military
judge under this chapter or under rules prescribed pursuant to K.S.A. 48-2701 and which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel,
and the trial counsel and shall be made part of the record.
(b) When the members of a court-martial deliberate or vote, only the members may be
present. 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, the trial counsel, and, in cases
in which a military judge has been detailed to the court, the military judge.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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