38-2-1039. Calling court into session without presence of members; purpose.

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 shall, subject to Code Section 38-2-1035, call the court into session without the presence of the members for the purpose of:#

1. (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. (2)

   Hearing and ruling upon any matter which may be ruled upon by the military judge under this article, whether or not the matter is appropriate for later consideration or decision by the members of the court;#

3. (3)

   Holding the arraignment and receiving the pleas of the accused; and#

4. (4)

   Performing any other procedural function which does not require the presence of the members of the court under this article.#

The proceedings as provided for by subsection (a) of this Code 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. Such proceedings shall be conducted notwithstanding the number of court members and without regard to Code Section 38-2-1029.#

When the members of a court-martial deliberate or vote, only the members shall be present. All other proceedings, including, but not limited to, 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 the military judge.#