46-1114 MILITARY JUDGES.
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.