Sessions

(a) At any time after the service of charges have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 124B-55, call the court into session without the presence of the members for the purpose of: (1) Hearing and determining motions raising defenses or objections that are capable of determination without trial of the issues raised by a plea of not guilty; (2) Hearing and ruling upon any matter that may be ruled upon by the military judge under this chapter, whether the matter is appropriate for later consideration or decision by the members of the court; (3) Holding the arraignment and receiving the pleas of the accused; (4) Conducting a sentencing proceeding and sentencing the accused under section 124B-79; and (5) Performing any other procedural function that may be performed by the military judge under this chapter or rules adopted pursuant to section 124B-61 that does not require the presence of the members of the court. (b) Proceedings under subsection (a) 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. These proceedings may be conducted notwithstanding the number of members of the court and without regard to section 124B-49. If authorized by rule, and if at least one defense counsel is physically in the presence of the accused, the presence required by this subsection may otherwise be established by audiovisual technology, including video teleconferencing technology. (c) When the members of a court-martial deliberate or vote, only the members shall 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 the military judge.