46-1113 COMPOSITION OF COURTS-MARTIAL.
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.