26-1039. 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, subject to section 26-1035, may call the court into session without the presence of the members but conducted in the presence of the accused, the defense counsel and the trial counsel and as part of the record, 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 on any matter which may be ruled on by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court.
3. If permitted by rules of the adjutant general, holding the arraignment and receiving the pleas of the accused.
4. Performing any other procedural function which may be performed by the military judge and which does not require the presence of the members of the court.
B. 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, in cases in which a military judge has been detailed to the court, the military judge.
Structure Arizona Revised Statutes
Title 26 - Military Affairs and Emergency Management
§ 26-102 - Powers and duties of the adjutant general
§ 26-104 - Assistant adjutants general; appointment; qualifications
§ 26-105 - Border security fund; exemption; reimbursement
§ 26-106 - Anti-human trafficking grant fund
§ 26-121 - Composition of militia; persons exempt
§ 26-122 - Components of militia
§ 26-123 - Maintenance of private troops prohibited; violation; classification
§ 26-126 - Violations; classifications
§ 26-152 - National guard fund; camp Navajo fund
§ 26-153 - Morale, welfare and recreational fund; sources of monies; exemptions
§ 26-154 - Organizational structure of national guard
§ 26-155 - Enlistment; appointment of officers
§ 26-157 - Officer's uniform allowances
§ 26-158 - State active duty; employment benefits; travel allowances
§ 26-159 - Powers of commanding officers; defense of officer to action based on act or omission
§ 26-160 - Oaths or affirmations
§ 26-161 - Retirement; retention of commission after withdrawal of federal recognition
§ 26-162 - Discharge of officer; grounds and procedure
§ 26-163 - Discharge of enlisted personnel; grounds; type of discharge
§ 26-168.01 - Excused military absences; higher education: definition
§ 26-170 - Unauthorized wearing of uniform; rank insignia; violation; classification
§ 26-173 - Payment of mobilization expenses
§ 26-174 - Arizona state guard; establishment; purpose; appropriations
§ 26-175 - Active duty tours for volunteers during peace time
§ 26-176 - Premiums on bonds of national guard officers
§ 26-177 - Opinions of attorney general
§ 26-178 - Illegal possession of equipment; classification
§ 26-179 - Tuition and fees reimbursement; eligibility; exemption
§ 26-180 - Application for tuition and fees reimbursement; times
§ 26-181 - Evaluation of applications; payment of tuition and fees reimbursement; report
§ 26-203 - Actions or proceedings against members of military courts prohibited
§ 26-205 - Duty of civil officers to execute process of military court
§ 26-208 - Time and place of confinement; payment of fine and disposition
§ 26-232 - Protection of property
§ 26-234 - Property and disbursing officer; appointment; duties
§ 26-251 - Acquisition of lands by United States for military purposes
§ 26-253 - Power of state to serve process upon land ceded United States for military purposes
§ 26-261 - Military affairs commission; confidential discussions and information; definition
§ 26-263 - Appropriations; purposes; exemption
§ 26-302 - General powers of governor
§ 26-304 - State emergency council; membership; powers and duties; definition
§ 26-305.01 - Nuclear emergency plan; duties of division and director
§ 26-305.03 - Electromagnetic pulse preparedness recommendations; posting; definition
§ 26-306 - Powers and duties of the director of emergency management
§ 26-306.01 - Assessment on commercial nuclear generating stations
§ 26-306.02 - Nuclear emergency management fund; exemption; appropriation reduction
§ 26-308 - Powers of local government; local emergency management establishment; organization
§ 26-309 - Mutual aid; responsibilities of agencies and officials; agreements; definition
§ 26-310 - Use of professional skills
§ 26-312 - Authority of executive officers and governing bodies to accept materials or funds
§ 26-313 - Reimbursement to state agencies; use of state agency resources
§ 26-315 - Political activities prohibited
§ 26-316 - Enforcement of orders, rules and regulations
§ 26-317 - Violation; classification
§ 26-319 - Commercial nuclear generating station; emergency planning zone; recording
§ 26-320 - First informer broadcasters; training and certification; access; definitions
§ 26-403 - Emergency management assistance compact revolving fund; purpose; exemption
§ 26-404 - Deployment of private sector workers to affected states; liability protection; definition
§ 26-1002 - Persons subject to the code
§ 26-1003 - Jurisdiction to try personnel
§ 26-1004 - Dismissed officer's right to trial by court-martial
§ 26-1005 - Territorial applicability
§ 26-1006 - State judge advocate; staff judge advocates
§ 26-1008 - Apprehension of deserters
§ 26-1009 - Authority to order arrest
§ 26-1010 - Restraint of persons charged with offenses
§ 26-1011 - Receiving of prisoners at civilian correction facility; statement
§ 26-1013 - Punishment before trial; prohibition
§ 26-1014 - Delivery of offenders to civil authorities
§ 26-1015 - Commanding officer; nonjudicial punishments; appeal
§ 26-1016 - Courts-martial; classifications
§ 26-1017 - Jurisdiction of courts-martial; in general
§ 26-1018 - Jurisdiction of general courts-martial
§ 26-1019 - Jurisdiction of special courts-martial
§ 26-1020 - Jurisdiction of summary courts-martial
§ 26-1021 - Jurisdiction of courts-martial not exclusive
§ 26-1022 - Convening of general courts-martial
§ 26-1023 - Convening of special courts-martial
§ 26-1024 - Convening of summary courts-martial
§ 26-1025 - Service on courts-martial
§ 26-1026 - Military judge of a general or special court-martial
§ 26-1027 - Detail of trial counsel and defense counsel
§ 26-1028 - Detail or employment of reporters and interpreters
§ 26-1029 - Absent and additional members
§ 26-1030 - Charges and specifications
§ 26-1031 - Compulsory self-incrimination; prohibition
§ 26-1033 - Forwarding of charges
§ 26-1034 - Advice of staff judge advocate; reference for trial
§ 26-1035 - Service of charges
§ 26-1036 - Governor's rule making authority
§ 26-1037 - Unlawfully influencing action of court
§ 26-1038 - Duties of trial counsel and defense counsel
§ 26-1043 - Statute of limitations
§ 26-1045 - Pleas of the accused
§ 26-1046 - Opportunity to obtain witnesses and other evidence
§ 26-1047 - Refusal to appear or testify
§ 26-1050 - Admissibility of records of courts of inquiry
§ 26-1051 - Voting and rulings
§ 26-1052 - Number of votes required
§ 26-1053 - Announcement of action
§ 26-1055 - Sentences; reduction in enlisted grade on approval
§ 26-1057 - Effective date of sentences
§ 26-1058 - Execution of confinement
§ 26-1059 - Error of law; lesser included offense
§ 26-1060 - Action by the convening authority
§ 26-1061 - Withdrawal of appeal
§ 26-1062 - Appeal by the state
§ 26-1064 - Review by judge advocate
§ 26-1065 - Disposition of records
§ 26-1067 - Court of military appeals; members; terms; compensation; duties; review; procedures
§ 26-1070 - Appellate counsel; civilian counsel
§ 26-1071 - Suspension of sentence
§ 26-1072 - Vacation of suspension
§ 26-1073 - Petition for a new trial
§ 26-1074 - Remission and suspension
§ 26-1076 - Finality of proceedings, findings and sentences
§ 26-1078 - Accessory after the fact
§ 26-1079 - Conviction of lesser included offense
§ 26-1083 - Fraudulent enlistment, appointment or separation
§ 26-1084 - Unlawful enlistment, appointment or separation
§ 26-1086 - Absence without leave
§ 26-1088 - Contempt toward officials
§ 26-1089 - Disrespect toward superior commissioned officer
§ 26-1090 - Assaulting or willfully disobeying superior commissioned officer
§ 26-1091 - Insubordinate conduct toward warrant officer or noncommissioned officer
§ 26-1092 - Failure to obey order or rule
§ 26-1093 - Cruelty and maltreatment
§ 26-1094 - Mutiny or sedition
§ 26-1095 - Resistance, breach of arrest and escape
§ 26-1096 - Releasing prisoner without proper authority
§ 26-1097 - Unlawful detention
§ 26-1098 - Noncompliance with procedural rules
§ 26-1099 - Misbehavior in time of public danger; definition
§ 26-1103 - Captured or abandoned property
§ 26-1107 - False official statements
§ 26-1108 - Military property; loss, damage, destruction or wrongful disposition
§ 26-1109 - Property other than military property; waste, spoilage or destruction
§ 26-1110 - Improper hazarding of vessel or aircraft
§ 26-1111 - Drunken or reckless driving
§ 26-1113 - Misbehavior of sentinel or lookout
§ 26-1116 - Riot or breach of peace
§ 26-1117 - Provoking speeches or gestures
§ 26-1118 - Wrongful use and possession of controlled substances
§ 26-1121 - Larceny and wrongful appropriation
§ 26-1124 - Making, drawing or uttering check, draft or order without sufficient monies; definition
§ 26-1132 - Frauds against the United States
§ 26-1133 - Conduct unbecoming an officer and a gentleman
§ 26-1134 - General misconduct
§ 26-1137 - Articles; explanation
§ 26-1138 - Complaints of wrongs