77-10a-2. Panel of judges -- Appointment -- Membership -- Ordering of grand
jury.
(1) (a) The presiding officer of the Judicial Council shall appoint a panel of five judges
from the district courts of the state to hear in secret all persons claiming information that would
justify the calling of a grand jury. The presiding officer may appoint senior status district court
judges to the panel. The presiding officer shall designate one member of the panel as supervising
judge to serve at the pleasure of the presiding officer. The panel has the authority of the district
court.
(b) To ensure geographical diversity on the panel one judge shall be appointed from the
first or second district for a five-year term, one judge shall be appointed from the third district for
a four-year term, one judge shall be appointed from the fourth district for a three-year term, one
judge shall be appointed from the fifth, sixth, seventh, or eighth districts for a two-year term, and
one judge shall be appointed from the third district for a one-year term. Following the first term,
all terms on the panel are for five years.
(c) The panel shall hold hearings in each judicial district at least once every three years
and may meet at any location within the state. Three members of the panel constitute a quorum
for the transaction of panel business. The panel shall act by the concurrence of a majority of
members present and may act through the supervising judge or managing judge. The schedule for
the hearings shall be set by the panel and published by the Office of the Court Administrator.
Persons appearing before the panel shall be placed under oath and examined by the judges
conducting the hearings. Hearsay evidence may be presented at the hearings only under the same
provisions and limitations that apply to preliminary hearings.
(2) (a) If the panel finds good cause to believe a grand jury is necessary, the panel shall
make its findings in writing and may order a grand jury to be summoned.
(b) The panel may refer a matter to the attorney general, county attorney, district
attorney, or city attorney for investigation and prosecution. The referral shall contain as much of
the information presented to the panel as the panel determines relevant. The attorney general,
county attorney, district attorney, or city attorney shall report to the panel the results of any
investigation and whether the matter will be prosecuted by a prosecutor's information. The report
shall be filed with the panel within 120 days after the referral unless the panel provides for a
different amount of time. If the panel is not satisfied with the action of the attorney general,
county attorney, district attorney, or city attorney, the panel may order a grand jury to be
summoned.
(3) When the attorney general, a county attorney, a district attorney, or a special
prosecutor appointed under Section 77-10a-12 certifies in writing to the supervising judge that in
his judgment a grand jury is necessary because of criminal activity in the state, the panel, upon a
determination of good cause, shall order a grand jury to be summoned.
(4) The supervising judge may at the time the grand jury is summoned:
(a) order that it be drawn from the state at large as provided in this chapter or from any
district within the state; and
(b) retain authority to supervise the grand jury or delegate the supervision of the grand
jury to any judge of any district court within the state.
Amended by Chapter 218, 1994 General Session
Download Code Section Zipped WordPerfect 77_10a000200.ZIP 3,216 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009