2005 Idaho Code - 46-1127 — SESSIONS

                                  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.