In the Idaho military not in federal service, there shall be two (2) types of courts-martial: (1) General courts-martial, consisting of: (a) A military judge and not fewer than five (5) members; or (b) Only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge; (2) Special courts-martial consisting of: (a) A military judge and not fewer than three (3) members; or (b) Only a military judge if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge.
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