IdahoIdaho military members can demand trials only for certain punishments
Idaho military commanders may discipline covered members for minor offenses, with military trials available for certain punishments and appeals available through higher commanders.
What it does
Commanders may punish minor offenses without a military trial. Members can demand a trial only for punishment involving arrest, confinement, or limits on movement, but may appeal other punishment.
Military arrest or confinement requires reasonable grounds. Authorities cannot arrest someone without a warrant for an Idaho Title 18 misdemeanor, a less serious crime, that they did not witness.
Qualified military lawyers licensed outside Idaho may practice military law in the state while on active duty under Title 10 or Title 32 of federal law.
Argument forAppeals up to a general-level commander could give military members another chance to have unfair punishment reduced or set aside.
Argument againstMembers facing lost pay or demotion could lack a military trial option and may have to undergo punishment while appealing.
More detail
Commanders may punish minor offenses without a military trial. Members may demand a trial only when the punishment includes arrest, confinement, or limits on movement. These rules cover members under the commander’s authority. Punishments can include lost pay, demotion, and extra duties. A member must demand a military trial before punishment is imposed. Punishment limits depend on the commander’s rank and whether the member is an officer or enlisted member. Members may have to undergo punishment while appealing. Members must appeal within 15 days after punishment is announced or sent to them, as the commander determines. Appeals may continue up to their O-7 commander, a general-level officer.
Military authorities must have probable cause, meaning reasonable grounds, to order arrest or confinement. The code covers Idaho military members on state active duty or duty under Title 32 of federal law. It excludes federal Title 10 service and the unorganized militia. People charged only with offenses normally handled by a summary court-martial, the simplest military court, ordinarily must not be confined. When someone is arrested or confined before trial, authorities must immediately explain the accusation and take steps to try them or dismiss the charges and release them.
Qualified military lawyers without an Idaho law license may practice military law in Idaho during specified active duty. The permission covers military law practice while on active duty under Title 10 or Title 32 of federal law. Assigned lawyers in general and special military trials must meet the code’s military lawyer qualifications. They must be commissioned officers of organized military forces, hold a law license in good standing in a state or listed U.S. jurisdiction, and meet the code’s military lawyer certification requirements. The act took effect on July 1, 2026.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Reported Signed by Governor Brad Little on March 26, 2026 Session Law Chapter 166 Effective: 07/01/2026Became Law
- Mar 26Delivered to Governor at 4:39 p.m. on March 25, 2026To Governor
- Mar 25Returned Signed by the President; Ordered Transmitted to GovernorMinor
- Mar 25Signed by President; returned to HouseMajor
- Mar 25Received from the House enrolled/signed by SpeakerMajor
- Mar 24Reported Enrolled; Signed by Speaker; Transmitted to SenateMajor
- Mar 24Returned from Senate Passed; to JRA for EnrollingMinor
- Mar 23Read third time in full – PASSED - 32-0-3AYES – Anthon, Bernt, Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woodward, Zito, ZuiderveldNAYS – NoneAbsent and excused – Adams, Bjerke(Bjerke), LentFloor Sponsor - NicholsTitle apvd - to HousePassed 2nd Chamber
- Vote recorded Read third time in full –. Result: pass.Upper
- Mar 17Read second time; filed for Third ReadingMinor
- Mar 16Reported out of Committee with Do Pass Recommendation; Filed for second readingMinor
- Mar 6Introduced, read first time; referred to: State AffairsMinor
- Mar 6Received from the House passed; filed for first reading
- Mar 5Read Third Time in Full – PASSED - 67-0-3AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Church, Cornilles, Crane(12), Dygert, Egbert, Ehardt, Ehlers, Fuhriman, Furniss, Galaviz, Gannon, Garner, Hall(Stone), Handy, Harris, Hawkins, Haws, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Mickelsen(Athay), Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Sauter, Scott, Shepherd, Shirts, Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. SpeakerNAYS – NoneAbsent – Crane(13), Erickson, GreenFloor Sponsor - HillTitle apvd - to SenatePassed 1st Chamber
- Vote recorded Read Third Time in Full –. Result: pass.Lower
- Mar 4Read second time; Filed for Third ReadingMinor
- Mar 3Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Jan 22Reported Printed and Referred to Transportation & Defense
- Jan 21Introduced, read first time, referred to JRA for PrintingIntroduced
National SecurityCriminal Justice