(1) (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 call the court into session without the presence of the members for:
Hearing and determining motions raising defenses or objections which are capable ofdetermination without trial of the issues raised by a plea of not guilty;
Hearing and ruling upon any matter which may be ruled upon by the military judge,whether or not the matter is appropriate for later consideration or decision by the members of the court;
If permitted by the regulations of the governor, holding the arraignment and receiving the pleas of the accused; or
Performing any other procedural function which may be performed by the militaryjudge pursuant to section 28-3.1-301 which does not require the presence of the members of the court.
(b) These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.
Whenever a general or special court-martial deliberates or votes, only the membersof the court may be present. All other proceedings, including any consultation of the court with counsel or the military judge, shall be made part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
Trial counsel, in the name of the state of Colorado, may file an interlocutory appealin the supreme court of the state of Colorado from a ruling of the military judge granting a motion made by the accused in advance of trial for the return of property, the suppression of evidence, or the suppression of an extrajudicial confession or admission if trial counsel certifies to the military judge who granted the motion that the interlocutory appeal is not taken for the purpose of delay and said property or evidence is a substantial part of the proof of a charge pending against the accused.
Source: L. 83: Entire article added, p. 1175, § 1, effective June 10. L. 87: (3) added, p. 1176, § 1, effective April 16.