Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Military Justice topic
No spam. Unsubscribe anytime.
Committee introduces changes to Idaho Code of Military Justice to speed handling of minor misconduct
Summary
RS 31809 was introduced to amend the Idaho Code of Military Justice, allowing lower‑level commanders to impose nonjudicial punishment for minor misconduct, limiting enlisted members' ability to demand court‑martial and adding an appellate route to the Adjutant General, presenters said.
Representative Ted Hill opened the committee presentation on RS 31809 and turned the floor to Captain Derek Anderson of the Idaho National Guard to outline proposed changes to the Idaho Code of Military Justice.
Captain Anderson said the changes are intended to better align state military justice with active‑duty practice and to allow quicker correction of minor misconduct. "For minor misconduct ... a Captain, a Major, a Lieutenant Colonel, in some cases even a Colonel can't handle that, it has to go up to a General Officer," Anderson said, arguing that lower‑level commanders should be empowered to handle routine disciplinary matters.
Key provisions presented included changes to Article 15 to remove promotional‑authority language so lower‑level commanders can impose administrative sanctions; a proposal to remove enlisted members' ability to refuse nonjudicial punishment and force a court‑martial for low‑level offenses while adding an appellate route to the Adjutant General; and changes to Article 20 to limit senior NCOs' ability to turn down summary court‑martial for minor misconduct. Anderson said the changes apply to "minor misconduct" and not felonies or civilian crimes; he gave examples of minor misconduct as a soldier showing up drunk in formation or being disrespectful to a senior officer.
Anderson also noted technical updates to Article 7 to reflect State v. Clark (2018) on misdemeanor arrest authority and editorial cleanups to remove inapplicable language. He said Article 27 was adjusted so that, in the event of conflicts, a judge advocate from another state could act for a soldier or for the state.
Representative Nicholson moved to introduce RS 31809. Representative Nicholson's motion carried by voice vote; the chair recorded the motion as passed after an "aye" call and no opposition was voiced.
Sponsors and presenters said the changes are intended to speed unit‑level discipline and provide an appellate path to protect service members' rights while avoiding lengthy delays for low‑level matters.
