{"data":{"id":"us-ky/krs-35.195","jurisdiction":"us-ky","citation":"KRS 35.195","heading":"Sessions.","body":"(1) At any time after the service of charges which have been referred for trial to a court-\nmartial composed of a military judge and members, the military judge may, subject\nto KRS 35.175, call the court into session without the presence of the members for\nthe purpose of:\n(a) Hearing and determining motions raising defenses or objections which are\ncapable of determination without trial of the issues raised by a plea of not\nguilty;\n(b) Hearing and ruling upon any matter which may be ruled upon by the military\njudge under this code whether or not the matter is appropriate for later\nconsideration or decision by the members of the court;\n(c) Holding the arraignment and receiving the pleas of the accused; and\n(d) Performing any other procedural function which does not  require the presence\nof the members of the court under this code. These proceedings shall be\nconducted in the presence of the accused, defense counsel, and trial counsel\nand shall be made part of the record.\nThese proceedings may be conducted notwithstanding the number of court members\nand without regard to KRS 35.145.\n(2) When the members of a court -martial deliberate or vote, only the members may be\npresent. All other proceedings, including any consultation of the members of the\ncourt with counsel or the military judge shall be made part of the record and shall be\nin the presence of the accused, the defense counsel, the trial counsel, and the\nmilitary judge.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41914","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"245d5128159a0a48a6d2815538fb9e3d2efe0379d8e480ab160ba5ba6399c454","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.190","next":"us-ky/krs-35.200"},"notice":"GroundRules: Original legal text. Not legal advice."}
