La. Admin. Code tit. 41 § II-603

Current through Register Vol. 50, No. 8, August 20, 2024

Section II-603 - Article 39(a) Sessions/Conferences

A. General. An "LCMJ Article 39(a)Session" empowers the military judge to call the court-martial into session for consideration of any matters not requiring the presence of court members. It applies to both pre-trial and post-trial issues.

B. Purposes. The following illustrative general purposes may prompt an Article 39(a) Session:

1. Hearing and determining motions raising defenses or objections that are capable or determination without trial of the issues raised by a plea of not guilty.

2. Hearing and ruling upon any of the following matters under the LCMJ even though the matter may be appropriate for later consideration by the members:

a. unlawful command influence [See LCMJ Article 37];

b. verification and qualification of counsel [See LCMJ Article 38];

c. continuances [See LCMJ Article 40];

d. challenges or disqualification of counsel [See LCMJ Article 41];

e. statute of limitations [See LCMJ Article 43];

f. former jeopardy [See LCMJ Article 44];

g. correction or reconsideration of pleas [See LCMJ Article 45];

h. issuing process for witnesses or evidence [See LCMJ Article 46];

i. contempt [See LCMJ Article 48];

j. authorizing depositions [See LCMJ Article 49.]

k. holding arraignments and receiving pleas of the accused and entry of findings of guilt thereupon.

l. performing any other procedural function of the military judge not requiring the presence of the court members, to include, particularly, resolution of questions of trial procedure, the accused's choice of counsel and forum, admissibility of evidence, and motions for appropriate relief. [See, R.C.M. 803 discussion.]

La. Admin. Code tit. 41, § II-603

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2399 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).