46-1109 TYPES OF COURTS-MARTIAL. - Idaho Statutes

TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 11

CODE OF MILITARY JUSTICE

46-1109. Types of courts-martial. In the Idaho military not in federal service, there shall be two (2) types of courts-martial:

(1) General courts-martial, consisting of:

(a) A military judge and not fewer than five (5) members; or

(b) Only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge;

(2) Special courts-martial consisting of:

(a) A military judge and not fewer than three (3) members; or

(b) Only a military judge if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge.