Article 39. Sessions

A. 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 may, subject to Article 35 of this Code, call the court into session without the presence of the members for the purpose of: (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) 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; (3) Holding the arraignment and receiving the pleas of the accused; (4) Conducting a sentencing proceeding and sentencing the accused; and (5) Performing any other procedural function which may be performed by the military judge under this Code or under rules prescribed pursuant to Article 36 of this Code and which does not require the presence of the members of the court. B. Proceedings under Subsection A of this Article 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 Article 29 of this Code. If authorized by procedures and regulations specified in Article 36 of this Code, 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, such as video teleconferencing technology. C. When the members of a court-martial deliberate or vote, only the members may 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.