Idaho State Statutes - Idaho Attorney Directory

(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.

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