2005 Idaho Code - 46-1113 — COMPOSITION OF COURTS-MARTIAL

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1113.  COMPOSITION OF COURTS-MARTIAL. (1) Any commissioned officer in
the Idaho military is eligible to serve on all courts-martial for the trial of
any person who may lawfully be brought before such courts for trial.
    (2)  Any warrant officer in the Idaho military is eligible to serve on
courts-martial for the trial of any person, other than a commissioned officer,
who may lawfully be brought before such courts for trial.
    (3) (a)  Any enlisted member who is not a member of the same unit as the
    accused is eligible to serve on courts-martial for the trial of any
    enlisted member who may lawfully be brought before such courts for trial,
    but he shall serve as a member of a court only if, before the court is
    assembled for the trial of the accused, the accused personally has
    requested in writing that enlisted members serve on it. After such a
    request, the accused may not be tried by a court-martial the membership of
    which does not include enlisted members in a number comprising at least
    one-third (1/3) of the total membership of the court.
    (b)  In this section, the word "unit" means any regularly organized body
    not larger than a company or equivalent size organization.
    (4) (a)  When it can be avoided, no person may be tried by a court-martial
    any member of which is junior to him in rank or grade.
    (b)  When convening a court-martial, the convening authority shall detail
    as members thereof such members of the Idaho military who are of the same
    service and component as the accused, e.g., Idaho army national guard, as,
    in his opinion, are best qualified for the duty by reason of age,
    education, training, experience, length of service, and judicial
    temperament. No person is eligible to serve as a member of a court-martial
    when he is the accuser or a witness or has acted as investigating officer
    or as counsel in the same case.