39A-5-216. Military court — Session — Procedures.
| (1) |
After the service of charges has been referred for trial to a military court composed of a military judge and panel members, the military judge may, subject to Section 39A-5-118, call the court into session. The session shall be:
Terms Used In Utah Code 39A-5-216- Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
made a part of the record; and |
| (b) |
in the presence of the accused, the defense counsel, and the trial counsel. |
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| (2) |
The session may be conducted without the presence of the panel members. |
| (3) |
A session under this subsection may be conducted for the following purposes:
| (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 a military judge under this chapter may rule upon, 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, if permitted by regulations promulgated by the governor or adjutant general; or |
| (d) |
performing any other procedural function that may be performed by the military judge under this chapter or under rules promulgated under Section 39A-5-219 and which does not require the presence of the members of the court. |
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| (4) |
When the members of a military court deliberate or vote, only the members may be present. |
| (5) |
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, and the military judge. |
Renumbered and Amended by Chapter 373, 2022 General Session
