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H0507

Idaho Military Justice Code Updates

Last scannedAug 24, 2026, 7:59 AM

In one sentence

This law updates the Model State Code of Military Justice in Idaho by changing definitions, rules for holding people in restraint or apprehension, and procedures for nonjudicial punishment.

Revises legal terms to ensure they are gender-neutral throughout the code.
Updates provisions regarding how military members may be apprehended or restrained.
Changes rules about nonjudicial punishment administered by commanding officers.
Clarifies qualifications required for judge advocates and other legal officers.
Makes technical corrections to existing sections of Idaho Code 46-1102.

Members of the organized state military forces serving in Title 32 status or state active duty.
Officers designated as judge advocates within the state military forces.
Commanding officers who administer nonjudicial punishment under Article 15.

The code does not apply to members serving in federal Title 10 status.
This law only applies to organized state military forces and excludes the unorganized militia.
Jurisdiction over discharged personnel is limited to specific cases, such as fraudulently obtaining a discharge.

Plain language

Judge Advocate: A commissioned officer in the organized state military forces who is a member of a bar and certified to perform military justice duties.
Nonjudicial Punishment: Disciplinary action given by a commanding officer without holding a formal court-martial trial, as outlined under Article 15.
State Active Duty: Full-time duty in the state military forces under an order from the governor or other legal authority, paid with state funds.

Official record

Source attached

Idaho code of military justice

Official activity