Pre-trial court-martial proceedings and rules

(a) Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court-martial for trial in accordance with rules adopted by the governor or adjutant general: (1) Pre-referral investigative subpoenas; (2) Pre-referral warrants or orders for electronic communications; (3) Pre-referral matters referred by an appellate court; and (4) Pre-referral matters subject to section 124B-7 for victims of sexual assault qualifying for a special victims' counsel under title 10 United States Code section 1044e, as it applies to the national guard. (b) The rules adopted under subsection (a) shall: (1) Include procedures for the review of rulings that may be ordered under this section as the governor or adjutant general considers appropriate; and (2) Provide limitations on the relief that may be ordered under this section as the governor or adjutant general considers appropriate. (c) If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial. (d) The governor or adjutant general shall adopt rules providing for the manner in which military judges shall be detailed to proceedings under subsection (a). (e) In accordance with rules adopted by the governor or adjutant general, a military judge detailed to a proceeding under subsection (a), other than a proceeding described in subsection (a)(2), may designate a military magistrate to preside over the proceeding.