Wisconsin Statutes
Wis. Stat. § 322.039 (2026)
Article 39 — Sessions
✓ current as of July 2026
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322.039(1)(1) 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 s. 322.035, call the court into session without the presence of the members for the purpose of any of the following:
322.039(1)(a)(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.
322.039(1)(b)(b) 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.
322.039(1)(d)(d) Performing any other procedural function which does not require the presence of the members of the court under this code.
322.039(2)(2) These proceedings 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 court members and without regard to s. 322.029.
322.039(3)(3) 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.
Notes of Decisions
Cited in 1
case, 2017–2017 · leading case: Gen. Court-Martial Case of Riemer v. Riemer, 2017 WI App 48 (Wis. Ct. App. 2017).
Gen. Court-Martial Case of Riemer v. Riemer, 2017 WI App 48 (Wis. Ct. App. 2017). “Prior to trial, the parties reached a plea agreement, and the military judge *198 received Riemer's pleas and imposed sentence at a plea and sentencing hearing under Wis. Stat. § 322.039 . f 7. At the plea hearing, for each offense to which Riemer pleaded guilty, the military…”
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