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35.195 Sessions.
(1)
(2)
At any time after the service of charges which have been referred for trial to a courtmartial 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.
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.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 40, effective June 25, 2013. -- Amended
1970 Ky. Acts ch. 56, sec. 25. -- Created 1954 Ky. Acts ch. 99, sec. 38, effective July
1, 1954.
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