2005 Idaho Code - 46-1114 — MILITARY JUDGES

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1114.  MILITARY JUDGES. (1) The authority convening a general or
special court-martial shall detail a military judge to preside over each open
session of the court-martial. The military judge shall:
    (a)  Rule finally on all matters of law;
    (b)  Rule finally on all motions; and
    (c)  Except as otherwise provided, decide all other questions raised at
    the trial of the accused.
    (2)  A military judge shall be:
    (a)  A commissioned officer who is a member of the bar of this state or a
    member of the bar of a federal court, and who is or has been certified or
    recognized as a military judge by any branch of the armed forces and
    appointed to those duties by the adjutant general, to be compensated at
    the equivalent rate for his military grade from the general fund; or
    (b)  Any magistrate or district court judge of the state of Idaho,
    currently sitting or retired, who is a member of the bar of this state and
    who has been appointed to act as a military judge in Idaho by the Idaho
    supreme court upon the written request of the adjutant general, to be
    compensated in an amount determined by the Idaho supreme court from the
    general fund.
    (3)  No person is eligible to act as a military judge in a case if he is
the accuser, a witness, a counsel, or has acted as investigating officer in
the same case.