Rule 6. The Grand Jury

(a) By Whom Convened. The presiding superior court

judge of the judicial district encompassing the grand jury

location specified in section (b) shall convene the grand jury.

(b) Where Grand Juries Shall Be Convened. The

grand jury shall be convened at the superior court location

shown in the following table, based on the superior court

venue district in which the matter under investigation occurred.

The superior court venue districts are defined in the Criminal

Rule 18 venue map.

Superior Court Venue

District in which the

matter under

investigation occurred

Location at which

the grand jury will

be convened

Anchorage

Anchorage

Bethel

Bethel

Cordova

Anchorage or Palmer

Craig

Juneau, Ketchikan, or Sitka

Delta Junction

Fairbanks

Dillingham

Dillingham or Anchorage

Fairbanks

Fairbanks

Glennallen

Anchorage or Palmer

Homer

Kenai

Juneau

Juneau, Sitka, or Ketchikan

Kenai

Kenai

Ketchikan

Ketchikan, Sitka, or Juneau

Kodiak

Kodiak

Kotzebue

Kotzebue

Naknek

Anchorage

Nenana

Fairbanks

Nome

Nome

Palmer

Palmer

Petersburg

Juneau, Ketchikan, or Sitka

Seward

Kenai

Sitka

Sitka, Juneau, or Ketchikan

Tok

Fairbanks

Unalaska

Utqiaġvik –

(formerly Barrow)

Anchorage

Utqiaġvik -

(formerly Barrow)

Valdez

Anchorage or Palmer

Wrangell

Juneau, Ketchikan, or Sitka

The presiding judge of a judicial district shall be

empowered to call a special jury to be convened at a site other

than the site designated in this subsection if the presiding judge

determines that the designation of a special site is necessary in

the interest of justice.

y Barrow)

Anchorage

Utqiaġvik -

(formerly Barrow)

Valdez

Anchorage or Palmer

Wrangell

Juneau, Ketchikan, or Sitka

The presiding judge of a judicial district shall be

empowered to call a special jury to be convened at a site other

than the site designated in this subsection if the presiding judge

determines that the designation of a special site is necessary in

the interest of justice.

(c) Selection of Prospective Grand Jurors. Prospective

grand jurors shall have the qualifications and shall be drawn

and selected as set forth by law, with the additional provisions:

(1) prospective grand jurors shall be selected from the

population within a fifty-mile radius of the place where the

grand jury is convened, and

(2) the presiding judge of the superior court may with the

approval of the administrative director select prospective grand

jurors at large from the judicial district in which the matter

under investigation occurred.

(d) Summoning Grand Jurors. At least once each year

the presiding judge of the superior court in each judicial

district shall order one or more grand juries to be convened at

such times as the public interest requires. The grand jury shall

consist of not less than 12 nor more than 18 members. The

court shall direct that a sufficient number of legally qualified

persons be summoned to meet this requirement. Any qualified

member of the grand jury panel not designated to serve as a

member of the grand jury may be placed on the petit jury

panel. An otherwise qualified person called for petit jury

service may be placed on the grand jury panel. A grand jury

shall serve until discharged by the presiding judge but no grand

jury may serve more than 4 months, unless this period is

extended for good cause.

qualified

member of the grand jury panel not designated to serve as a

member of the grand jury may be placed on the petit jury

panel. An otherwise qualified person called for petit jury

service may be placed on the grand jury panel. A grand jury

shall serve until discharged by the presiding judge but no grand

jury may serve more than 4 months, unless this period is

extended for good cause.

(e) Swearing and Instructing Jurors.

(1) The following oath shall be administered by the clerk

of the superior court to the persons selected for grand jury

duty:

“You and each of you as members of this grand jury for

the State of Alaska, do solemnly swear or affirm that you will

diligently inquire and true presentment make of all such

matters as shall be given to you for consideration, or shall

otherwise come to your knowledge in connection with your

present service; that you will preserve the secrecy required by

law as to all proceedings had before you; that you will present

no one through envy, hatred or malice, or leave any one

unpresented through fear, affection, gain, reward, or hope

thereof; but that you will present all things truly and

impartially as they shall come to your knowledge according to

the best of your understanding.”

(2) When the grand jury is sworn, the court shall charge

the jury with written instructions, which the court deems

proper, concerning the powers and duties of the grand jury.

(f) Alternate Jurors. The presiding judge may direct

that alternate jurors be designated at the time a grand jury is

selected. Alternate jurors in the order in which they were

designated may thereafter be impaneled as provided in

paragraph (s) of this rule. Alternate jurors shall be drawn in the

same manner and shall have the same qualifications as the

regular jurors, and if impaneled shall be subject to the same

challenges, shall take the same oath and shall have the same

functions, powers, facilities and privileges as the regular

jurors.

der in which they were

designated may thereafter be impaneled as provided in

paragraph (s) of this rule. Alternate jurors shall be drawn in the

same manner and shall have the same qualifications as the

regular jurors, and if impaneled shall be subject to the same

challenges, shall take the same oath and shall have the same

functions, powers, facilities and privileges as the regular

jurors.

(g) Objections to Grand Jury and to Grand Jurors. A

motion to dismiss the indictment or to expunge a report of the

grand jury may be based upon objections to the array or the

lack of legal qualification of an individual juror. An indictment

shall not be dismissed nor a report expunged upon the ground

that one or more members of the grand jury were not legally

qualified if it appears from the record kept pursuant to

paragraph (h) of this rule that a majority of the total number of

grand jurors comprising the grand jury when the grand jury is

sworn and charged with instructions, after deducting the

number not legally qualified, concurred in finding the

indictment or making the report.

(h) Foreperson and Deputy Foreperson. The presiding

judge shall appoint one of the jurors to be foreperson and

another to be deputy foreperson. The foreperson shall have

power to administer oaths and affirmations and shall sign all

indictments and reports. The foreperson or another juror

designated by the foreperson shall keep a record of the number

of jurors concurring in the finding of every indictment and the

issuance of every report and shall file the record with the clerk

of the court, but the record shall not be made public except on

order of the presiding judge. During the absence of the

foreperson, the deputy foreperson shall act as foreperson.

(i) Preparing Indictments and Presentments. The

prosecuting attorney shall prepare all indictments and

presentments for the grand jury, and shall attend its sittings to

advise it of its duties and to examine witnesses in its presence.

e record shall not be made public except on

order of the presiding judge. During the absence of the

foreperson, the deputy foreperson shall act as foreperson.

(i) Preparing Indictments and Presentments. The

prosecuting attorney shall prepare all indictments and

presentments for the grand jury, and shall attend its sittings to

advise it of its duties and to examine witnesses in its presence.

(j) Investigation of Crime Initiated by Grand Juror. If

a grand juror discloses to other grand jurors that he or she has

reason to believe a crime has been committed that is triable by

the court and proposes that the grand jury investigate that

crime, the grand juror shall also disclose the belief to the

prosecuting attorney. If approved by a majority of the grand

jurors, the grand jury may investigate the facts and

circumstances relating to the belief with the assistance and

oversight of the prosecuting attorney, in accordance with Rule

6.1(d) and (e)(1)-(2).

(k) Record of Proceedings. All proceedings before the

grand jury, including the testimony of witnesses and any

statements made by the prosecuting attorney or by any of the

jurors, shall be electronically recorded.

(l) Who May Be Present. The prosecuting attorney, the

witness under examination, a court clerk for the purpose of

recording the proceedings, and, when needed, an interpreter, a

person transcribing for the deaf, and any law enforcement

officer who has custody of the witness being examined may be

present while the grand jury is in session. No persons other

than the jurors and any interpreter or transcriber necessary to

assist a juror who is hearing or speech impaired shall be

present while the grand jury is deliberating or voting.

and, when needed, an interpreter, a

person transcribing for the deaf, and any law enforcement

officer who has custody of the witness being examined may be

present while the grand jury is in session. No persons other

than the jurors and any interpreter or transcriber necessary to

assist a juror who is hearing or speech impaired shall be

present while the grand jury is deliberating or voting.

(m) Secrecy of Proceedings and Disclosure.

(1) The selection, swearing, and charging of grand jurors

and all matters occurring before the grand jury are secret,

except as otherwise provided by this rule. Disclosure of

matters, other than the grand jury’s deliberations and the vote

of any juror, may be made to the prosecuting attorney for use

in the performance of the prosecuting attorneys’ duties.

Otherwise a judge, juror, attorney, interpreter, person

transcribing for the deaf, law enforcement officer, court clerk,

or a typist who transcribes recorded testimony may disclose

matters only when so directed by the court preliminary to or in

connection with a judicial or administrative proceeding.

(2) The returns of indictments to the superior court are

public proceedings, unless the court directs that the

proceedings be closed to the public and the indictment kept

secret until the defendant is in custody or has given bail. In that

event, the clerk shall seal the indictment and no person shall

disclose the finding of the indictment except when necessary

for the issuance and execution of a warrant or summons.

(3) No obligation of secrecy may be imposed upon any

person except in accordance with this rule.

be closed to the public and the indictment kept

secret until the defendant is in custody or has given bail. In that

event, the clerk shall seal the indictment and no person shall

disclose the finding of the indictment except when necessary

for the issuance and execution of a warrant or summons.

(3) No obligation of secrecy may be imposed upon any

person except in accordance with this rule.

(n) Availability of Grand Jury Record to Defendant.

Upon request, a defendant shall be entitled to listen to the

electronic recording of the grand jury proceedings and inspect

all exhibits presented to the grand jury. Upon further request

the defendant may obtain a transcript of such proceedings and

copies of such exhibits. The trial of the case shall not be

delayed because of the failure of a defendant to request the

transcript. The availability of a grand jury report is governed

by Criminal Rule 6.1.

(o) Finding and Return of Indictment.

(1) An indictment may be found only upon the

concurrence of a majority of the total number of jurors

comprising the grand jury when the grand jury is sworn and

charged with instructions, after deducting the number not

legally qualified.

(2) If an indictment is not found, the indictment shall be

endorsed “not a true bill” and signed by the foreperson. If an

indictment is found, the indictment shall be endorsed “a true

bill” and signed by the foreperson.

(3) (i) If an indictment is endorsed “a true bill,” the

indictment shall be presented in open court and filed with the

clerk where it shall be open to public inspection.

(ii) If an indictment is endorsed “not a true bill” and a

complaint or information was previously filed in a district

court, the indictment shall be presented in open court and filed

with the clerk where it shall be open to public inspection.

(iii) If an indictment is endorsed “not a true bill” and no

complaint or information was previously filed in district court,

the indictment shall be filed with the clerk and held under seal.

true bill” and a

complaint or information was previously filed in a district

court, the indictment shall be presented in open court and filed

with the clerk where it shall be open to public inspection.

(iii) If an indictment is endorsed “not a true bill” and no

complaint or information was previously filed in district court,

the indictment shall be filed with the clerk and held under seal.

(iv) The foreperson or deputy foreperson may present an

indictment in open court without the presence of other grand

jury members.

(4) If no indictment is found, the court shall hold the

minutes, log notes, and record of the grand jury proceeding

under seal. If an indictment is found, the log notes, transcript,

and record of the grand jury proceeding will be confidential, as

defined in Administrative Rule 37.5(c), except that the grand

jury documents may be used by a party or counsel and by their

staff, investigators, experts, and others as necessary for the

preparation of the case. This paragraph does not preclude a

party from attaching relevant portions of these documents to a

pleading or motion, so long as victim and witness information

is protected as provided in AS 12.61.100–.150.

(5) The return of exhibits used during the grand jury

proceedings is governed by Criminal Rule 26.1(h).

(p) Questions to the Superior Court.

(1) Whenever there is doubt from the evidence presented

(i) whether the facts constitute a crime, or

(ii) whether a defendant is subject to prosecution by

reason of either a lapse of time or a former acquittal or

conviction, then the grand jury by a concurrence of at least five

members may, after consulting the prosecuting attorney,

present the facts of the case to the court with a request for

instruction on the law.

(2) The foreperson shall make the presentation of facts

and the request for instruction on the law to the court in the

presence of the grand jury.

apse of time or a former acquittal or

conviction, then the grand jury by a concurrence of at least five

members may, after consulting the prosecuting attorney,

present the facts of the case to the court with a request for

instruction on the law.

(2) The foreperson shall make the presentation of facts

and the request for instruction on the law to the court in the

presence of the grand jury.

(3) The presentation to the court shall not mention the

names of individuals. Any written document containing the

presentation of facts and request for instruction on the law

shall not be filed with the court, nor shall it be kept by the

court beyond the time that the grand jury is discharged.

(4) When the presentation of facts and request for

instruction is made, the court shall give such instruction on the

law as it considers necessary.

(q) Defense Witnesses. Although the grand jury has no

duty to hear evidence on the behalf of the defendant, it may do

so.

(r) Sufficiency of Evidence. When the grand jury has

reason to believe that other available evidence will explain

away the charge, it shall order such evidence to be produced

and for that purpose may require the prosecuting attorney to

subpoena witnesses. An indictment shall not be found nor a

presentment made upon the statement of a grand juror unless

such grand juror is sworn and examined as a witness. The

grand jury shall find an indictment when all the evidence taken

together, if unexplained or uncontradicted, would warrant a

conviction of the defendant.

ed

and for that purpose may require the prosecuting attorney to

subpoena witnesses. An indictment shall not be found nor a

presentment made upon the statement of a grand juror unless

such grand juror is sworn and examined as a witness. The

grand jury shall find an indictment when all the evidence taken

together, if unexplained or uncontradicted, would warrant a

conviction of the defendant.

(s) Admissibility of Evidence.

(1) Evidence which would be legally admissible at trial

shall be admissible before the grand jury. Witnesses may be

presented to summarize admissible evidence if the admissible

evidence will be available at trial.

(2) Hearsay evidence related to the offense, not

otherwise admissible, may be admitted into evidence before

the grand jury if the individual presenting the hearsay evidence

is a peace officer involved in the investigation.

(3) If the testimony presented by a peace officer under

paragraph (2) of this section is inaccurate because of

intentional, grossly negligent, or negligent misstatements or

omissions, then the court shall dismiss an indictment resulting

from the testimony if the defendant shows that the inaccuracy

prejudices substantial rights of the defendant.

(4) When a prior conviction is an element of an offense,

hearsay evidence received through the Alaska Public Safety

Information Network or from other government agencies of

prior convictions may be presented to the grand jury.

ns, then the court shall dismiss an indictment resulting

from the testimony if the defendant shows that the inaccuracy

prejudices substantial rights of the defendant.

(4) When a prior conviction is an element of an offense,

hearsay evidence received through the Alaska Public Safety

Information Network or from other government agencies of

prior convictions may be presented to the grand jury.

(t) Excusing Grand Jurors. A seated juror may be

excused for a particular case, permanently excused, or

temporarily excused under the following circumstances:

(1) The prosecutor shall excuse a juror for a particular

case when the juror informs the prosecutor that the juror

cannot be fair or impartial in deciding that case. The

prosecutor may ask the presiding judge to impanel an alternate.

(2) If the prosecutor is made aware of a grand juror’s

potential prejudice or bias that could affect the grand jury’s

impartial deliberations, or if the prosecutor seeks to challenge a

juror for cause, the prosecutor shall present the information as

to prejudice or bias or the challenge to the presiding judge. The

judge shall provide the juror with notice of the prosecutor’s

action and shall question the juror concerning the potential bias

or challenge. After hearing from the juror, the judge may

request additional information from the prosecutor, other

jurors, or other sources. If potential bias or cause is shown, the

judge may excuse the juror permanently or for a particular

case. The judge may impanel an alternate juror in place of the

juror excused. If no potential bias or cause is shown, the judge

shall allow the juror to remain and may take other appropriate

action.

(3) The presiding judge may excuse a juror temporarily

because of illness or a personal or business matter that requires

the juror’s attention. The presiding judge may delegate this

authority to another judicial officer.

an alternate juror in place of the

juror excused. If no potential bias or cause is shown, the judge

shall allow the juror to remain and may take other appropriate

action.

(3) The presiding judge may excuse a juror temporarily

because of illness or a personal or business matter that requires

the juror’s attention. The presiding judge may delegate this

authority to another judicial officer.

(4) An alternate juror must be present during the

presentation of all evidence related to that case in order to vote

on the proposed bill.

(u) Delegation of Duties. Whenever a superior court is

sitting other than where the presiding judge is sitting, or the

presiding judge is unavailable, the presiding judge may

delegate duties under this rule to another judicial officer.

However, the presiding judge may delegate duties under

Criminal Rule 6.1 only to another superior court judge.

(v) Telephonic Testimony.

(1) A witness may participate telephonically in grand

jury proceedings if the witness:

(A) would be required to travel more than 50 miles to the

situs of the grand jury; or

(B) lives in a place from which people customarily travel

by air to the situs of the grand jury.

(2) A witness who is not entitled to participate

telephonically under subparagraph (1) may participate

telephonically with approval of the presiding judge of the

judicial district, or the presiding judge’s designee. A motion to

allow telephonic testimony under this subparagraph may be ex

parte and shall be accompanied by an affidavit of the

prosecuting attorney that states the reason telephonic testimony

is requested.

(3) If a witness participates telephonically in grand jury

proceedings, after the witness is sworn, the prosecuting

attorney shall require the witness to:

(A) state the location from which the witness is

testifying; and

(B) verify

his subparagraph may be ex

parte and shall be accompanied by an affidavit of the

prosecuting attorney that states the reason telephonic testimony

is requested.

(3) If a witness participates telephonically in grand jury

proceedings, after the witness is sworn, the prosecuting

attorney shall require the witness to:

(A) state the location from which the witness is

testifying; and

(B) verify

(i) that the witness’ conversation cannot be overheard;

(ii) that no extension for the telephone from which the

witness is testifying is in use; and

(iii) that the witness will notify the grand jury

immediately if any person can overhear the witness’ testimony

or if the witness becomes aware that an extension for the

telephone enters use during the testimony.

(Adopted by SCO 4 October 4, 1959; amended by SCO 30

effective February 1, 1961; by SCO 49 effective January 1,

1963; by SCO 136 dated August 27, 1971; by SCO 136A dated

September 13, 1971; by Amendment No. 1 to SCO 136 dated

October 17, 1972; by SCO 146 effective October 31, 1971; by

Amendment No. 1 to SCO 146 effective October 31, 1971; by

SCO 157 effective February 15, 1973; by SCO 216 effective

October 1, 1975; by SCO 261 effective December 30, 1976; by

SCO 539 effective October 1, 1982; by SCO 706 effective

May 21, 1986; by SCO 711 effective September 15, 1986; by

SCO 881 effective July 15, 1988; by SCO 937 effective

Rule 6.1

January 15, 1989; by SCO 945 effective January 15, 1989; by

SCO 956 effective July 15, 1989; by SCO 967 effective July

15, 1989; by SCO 969 effective July 15, 1989; by SCO 973

effective July 15, 1989; by SCO 991 effective January 15,

1990; by SCO 997 effective January 15, 1990; by SCO 1012

effective January 15, 1990; by SCO 1039 effective January 15,

1991; by SCO 1046 effective January 15, 1991; by SCO 1061

effective July 15, 1991; by SCO 1115 effective November 12,

1992; by SCO 1171 effective July 15, 1995; by SCO 1181

effective July 15, 1995; by SCO 1204 effective July 15, 1995;

by SCO 1269 effective July 15

nuary 15,

1990; by SCO 997 effective January 15, 1990; by SCO 1012

effective January 15, 1990; by SCO 1039 effective January 15,

1991; by SCO 1046 effective January 15, 1991; by SCO 1061

effective July 15, 1991; by SCO 1115 effective November 12,

1992; by SCO 1171 effective July 15, 1995; by SCO 1181

effective July 15, 1995; by SCO 1204 effective July 15, 1995;

by SCO 1269 effective July 15, 1997; by SCO 1293 effective

January 15, 1998; by SCO 1338 effective June 11, 1998; by

SCO 1381 effective April 15, 2000; by SCO 1439 effective

October 15, 2001; by SCO 1482 effective October 15, 2002;

by SCO 1490 effective October 15, 2002; by SCO 1618

effective October 15, 2006; by SCO 1646-Amended effective

October 15, 2007; by SCO 1745 effective April 15, 2011; by

SCO 1760 effective October 14, 2011; by SCO 1872 effective

April 27, 2016; by SCO 1916 effective January 1, 2018; by

SCO 1949 effective July 9, 2019; by SCO 1993 effective

December 1, 2022; and by SCO 2030 effective January 1,

2025)

Note to SCO 1269:

Criminal Rule 6(r) [now 6(s)] was

amended by §§ 18 & 19 ch. 143 SLA 1996 to allow certain

hearsay evidence to be presented to the grand jury in a

prosecution for felony DWI or felony refusal to submit to a

chemical test. Section 21 of this order is adopted for the sole

reason that the legislature has mandated the amendments.

Note:

Subparagraphs (r)(2) and (3) [now (s)(2) and (3)] of

Criminal Rule 6 were added by ch. 41, §§ 1-2, SLA 1985,

adopting AS 12.40.110.

Note to SCO 1204:

Criminal Rules 6(r)(3) & (4) [now

6(s)(3) & (4)] were added by ch. 114 § 2 SLA 1994. Section 4

of this order is adopted for the sole reason that the legislature

has mandated the amendments.

Note to SCO 1293:

Criminal Rule 6(u) [now 6(v)] was

amended by §§ 20 & 25 ch. 63 SLA 1997 to eliminate the

requirement that the prosecution must obtain permission from

the court before a victim can testify by telephone

(r)(3) & (4) [now

6(s)(3) & (4)] were added by ch. 114 § 2 SLA 1994. Section 4

of this order is adopted for the sole reason that the legislature

has mandated the amendments.

Note to SCO 1293:

Criminal Rule 6(u) [now 6(v)] was

amended by §§ 20 & 25 ch. 63 SLA 1997 to eliminate the

requirement that the prosecution must obtain permission from

the court before a victim can testify by telephone. Section 1 of

this order is adopted for the sole reason that the legislature has

mandated the amendment.

Note to SCO 1338:

Criminal Rule 6(r)(2) [ now 6(s)(2)]

was amended by § 21 ch. 81 SLA 1998 to allow hearsay

evidence of a statement made by a child to be admitted before

the grand jury in a prosecution for first degree indecent

exposure as well as the other sex offenses defined in AS 11.41.

Section 1 of this order is adopted for the sole reason that the

legislature has mandated the amendment.

Note: Chapter 10, SLA 2019 (HB 49) enacted a number of

changes relating to criminal procedure. Section 135 of the Act

amended paragraph (r)(6) [now (s)(6)] to allow the

admissibility of an Alaska Public Safety Information Network

or other government agency report of prior convictions if the

prior conviction is an element of the offense. This rule change

is adopted for the sole reason that the legislature has mandated

the amendment.

Note to SCO 2030: Criminal Rule 6(s) was amended by sec.

61 Chapter 11, SLA 2024 (HB 66) regarding the admissibility

of evidence in grand jury proceedings. The rule change is

adopted for the sole reason that the legislature has mandated

the amendment.

Cross References

(b)

CROSS REFERENCE: AS 12.40.030; AS 12.40.040;

AS 12.40.050; AS 12.40.060

Rule 6.1. Grand Jury Reports – Public Welfare of

Safety

2030: Criminal Rule 6(s) was amended by sec.

61 Chapter 11, SLA 2024 (HB 66) regarding the admissibility

of evidence in grand jury proceedings. The rule change is

adopted for the sole reason that the legislature has mandated

the amendment.

Cross References

(b)

CROSS REFERENCE: AS 12.40.030; AS 12.40.040;

AS 12.40.050; AS 12.40.060

Rule 6.1. Grand Jury Reports – Public Welfare of

Safety

(a) Authority to Investigate and Issue Reports. A

grand jury is constitutionally authorized to investigate and

make reports and recommendations concerning the public

welfare or safety. An issue concerns the public welfare or

safety, and therefore is within the scope of a grand jury’s

investigative authority, when

(1) the investigation of the issue could further a public

policy of the state;

(2) the outcome of the investigation could reasonably be

expected to benefit a large number of people, rather than to

benefit only an individual or small group of individuals; and

(3) the issue involves a matter of general importance to a

large number of people, rather than to an individual or a small

group of individuals.

An issue that concerns primarily a private matter rather

than one that concerns the general public is not generally an

issue concerning the public welfare or safety within the scope

of a grand jury’s investigative authority. An indictment is not a

“report” as used in this rule and Criminal Rule 6.

COMMENTARY to Rule 6.1(a):

The grand jury is constitutionally authorized to

investigate matters of public welfare or safety and to issue

reports on the results of such investigations; subsection (a)

generally describes the reasonable scope of that authority.

Adherence to subsection (a) will ensure that an investigative

grand jury is justified and that the grand jury’s use of State of

Alaska resources is reasonable and appropriate

ry is constitutionally authorized to

investigate matters of public welfare or safety and to issue

reports on the results of such investigations; subsection (a)

generally describes the reasonable scope of that authority.

Adherence to subsection (a) will ensure that an investigative

grand jury is justified and that the grand jury’s use of State of

Alaska resources is reasonable and appropriate.

To be investigated, a matter must concern the public

welfare or safety; for example, systemic issues or an ongoing,

recurring issue impacting the general public could be within

the scope of a grand jury investigation. But purely private

matters such as, for example, an investigation into any

individual court case of any type (whether currently open or

closed), or an investigation into the Department of Law’s

decision not to prosecute a particular incident as a crime, or

an investigation into any private dispute between or among

citizens that could appropriately be the basis for a civil or

other court case, are not generally matters of public welfare or

safety within the scope a grand jury’s investigative authority.

Rule 6.1

(b) Grand Juror Requests to Investigate a Matter of

Public Welfare or Safety.

(1) An individual grand juror may propose to the

prosecuting attorney that the grand jury investigate a matter

concerning the public welfare or safety. If the prosecuting

attorney has a reasonable basis to believe that (A) the matter

proposed concerns the public welfare or safety and is within

the grand jury’s authority as described in subsection (a), and

(B) the proposal is not patently groundless, made for purposes

of delay or harassment, or otherwise proposed in bad faith, the

prosecuting attorney shall, within a reasonable period of time

considering resources and Department of Law priorities,

describe the proposal to the grand jury for its consideration

or safety and is within

the grand jury’s authority as described in subsection (a), and

(B) the proposal is not patently groundless, made for purposes

of delay or harassment, or otherwise proposed in bad faith, the

prosecuting attorney shall, within a reasonable period of time

considering resources and Department of Law priorities,

describe the proposal to the grand jury for its consideration. If

a majority of the grand jurors, after a reasonable time for

consideration, determines that the matter proposed should be

the subject of an investigation, then the prosecuting attorney

shall facilitate the grand jury’s investigation of the matter and

provide assistance and oversight to the grand jury for

preparation of the report.

(2) If a proposed grand jury investigation concerns

possible misconduct on the part of the prosecuting attorney or

others in the Department of Law such that having the

prosecuting attorney oversee the investigation would create an

appearance of impropriety or a conflict of interest, the

prosecuting attorney shall immediately advise the Attorney

General of the potential conflict. The Attorney General, in his

or her discretion, may appoint a neutral prosecutor to assist the

grand jury and oversee the preparation of the grand jury report.

(3) If an individual grand juror has a reasonable and good

faith basis to believe that having the prosecuting attorney

oversee the investigation creates an appearance of impropriety

or a conflict of interest because the investigation involves

possible misconduct by that prosecuting attorney or others in

the Department of Law, the grand juror may notify the superior

court. The grand juror shall orally describe the basis for his or

her belief to the court in the presence of the grand jury. Any

further inquiry or proceedings conducted by the superior court

relating to a matter raised under this paragraph shall be

confidential.

ves

possible misconduct by that prosecuting attorney or others in

the Department of Law, the grand juror may notify the superior

court. The grand juror shall orally describe the basis for his or

her belief to the court in the presence of the grand jury. Any

further inquiry or proceedings conducted by the superior court

relating to a matter raised under this paragraph shall be

confidential.

(c) Citizen Requests to Initiate Investigative Grand

Jury.

(1) If a citizen who is not serving as a grand juror believes

that a matter of public welfare or safety should be investigated

by a grand jury, the citizen may direct the citizen’s concern to

the Attorney General for consideration and for possible review

and investigation by a grand jury.

COMMENTARY to Rule 6.1(c)(1):

The grand jury process may broadly be considered a

function of both the judicial branch and the executive branch.

The court system convenes a grand jury, provides a clerk for

recording the sessions, and provides logistical support such as

a physical space for the sessions. But grand jury sessions are

led by and conducted by the Department of Law, i.e., the

executive branch. The court system does not play a role in

presenting evidence or moderating proceedings (except for the

limited and rare situation in which a grand jury seeks a

clarification of law, as provided in Criminal Rule 6(p)); a

judge is not present for grand jury sessions while evidence is

being presented or when any particular case or matter is being

discussed or considered. This limited judicial branch role and

expansive executive branch role with respect to grand jury

proceedings is unchanged when the grand jury fulfills its

investigative function. Decisions as to what to present to the

grand jury, including whether to present a matter requested by

a citizen to the grand jury for investigation, rest with the

executive branch.

A grand jury has the constitutional authority to

investigate appropriate matters when properly presented

ith respect to grand jury

proceedings is unchanged when the grand jury fulfills its

investigative function. Decisions as to what to present to the

grand jury, including whether to present a matter requested by

a citizen to the grand jury for investigation, rest with the

executive branch.

A grand jury has the constitutional authority to

investigate appropriate matters when properly presented. This,

in itself, does not mean that an individual citizen has a right to

present any matter directly to the grand jury for consideration,

or to seek a court order requesting or requiring that a grand

jury conduct any investigation. A citizen seeking to have a

grand jury investigate a matter of public welfare or safety may

bring that issue to the attention of the Attorney General or his

or her designee. It is up to the Attorney General or designee to

review the matter and determine whether an investigation

would be a valid and appropriate use of the grand jury’s

authority, as described in this rule. The Attorney General or

designee has discretion in making that determination, akin to

the discretion that the Attorney General and designees

regularly exercise in the course of their roles, for example in

determining whether a particular incident should be pursued

in a criminal prosecution. If the Attorney General or designee

determines that the matter brought forward by a citizen is

appropriate for a grand jury investigation, the prosecuting

attorney will describe the issue to the grand jury and facilitate

the investigation, following the procedures in subsection (b).

(2) If a grand jury investigation initiated by a citizen

request concerns possible misconduct on the part of the

prosecuting attorney or others in the Department of Law such

that having the prosecuting attorney oversee the investigation

would create an appearance of impropriety or a conflict of

interest, the process set forth in paragraphs (b)(2) and (3) of

this rule applies.

bsection (b).

(2) If a grand jury investigation initiated by a citizen

request concerns possible misconduct on the part of the

prosecuting attorney or others in the Department of Law such

that having the prosecuting attorney oversee the investigation

would create an appearance of impropriety or a conflict of

interest, the process set forth in paragraphs (b)(2) and (3) of

this rule applies.

(3) A citizen who proposes an investigation under this

subsection is not authorized to attend the grand jury

investigative sessions unless the prosecuting attorney or a

majority of the grand jurors conducting the investigation

requests the citizen to do so for particular testimony or for a

particular purpose.

(d) Majority Required.

(1) A grand jury may initiate an investigation of a matter

only upon the concurrence of a majority of the total number of

grand jurors on the panel at the commencement of the

proceedings at which the prosecuting attorney presents the

matter.

(2) A grand jury report may be made only upon the

concurrence of a majority of the total number of grand jurors

on the panel at the commencement of the proceedings resulting

in the report. The report must be signed by the foreperson. A

grand jury report may include allegations of criminal conduct.

Rule 6.1

(e) Subpoenas; Evidence; Proceedings.

(1) While conducting an investigation and preparing a

report concerning the public welfare or safety as described in

this rule, a grand jury may issue a subpoena to compel

testimony from witnesses or to compel the production of

documents only with the approval of a majority of the grand

jurors, after due consideration of the reasonableness of the

proposed subpoena, the necessity of the anticipated testimony

or

documents,

and

the

anticipated

burden

on

and

inconvenience to the recipient of the subpoena

his rule, a grand jury may issue a subpoena to compel

testimony from witnesses or to compel the production of

documents only with the approval of a majority of the grand

jurors, after due consideration of the reasonableness of the

proposed subpoena, the necessity of the anticipated testimony

or

documents,

and

the

anticipated

burden

on

and

inconvenience to the recipient of the subpoena. If the

prosecuting attorney reasonably believes that a subpoena

approved by a majority of grand jurors was not approved in

good faith, would be unreasonably burdensome on the

recipient, is not reasonable, or is not necessary, the prosecutor

may, without consent from or authorization by the grand jury,

inform the superior court and seek a judicial determination

whether the subpoena shall issue.

(2) The presentation and admissibility of evidence during

an investigative grand jury must comply with Criminal Rule

6(s).

(f) Initial Judicial Review. The grand jury shall present

any proposed report to the presiding judge of the judicial

district. The judge shall examine the report and the grand jury

record before the grand jury is discharged. The judge may

order production of audio copies or transcripts of the grand

jury proceeding and may request the prosecuting attorney to

submit a summary of the evidence presented to the grand jury.

The judge shall make specific findings on the record as

required by the following subparagraphs.

(1) The judge shall determine first whether the

investigation was conducted in accordance with subsections (a)

– (e) and whether the report satisfies the requirements of

subparagraphs (d)(2). If it does not, the judge shall proceed

under subparagraph (f)(3).

vidence presented to the grand jury.

The judge shall make specific findings on the record as

required by the following subparagraphs.

(1) The judge shall determine first whether the

investigation was conducted in accordance with subsections (a)

– (e) and whether the report satisfies the requirements of

subparagraphs (d)(2). If it does not, the judge shall proceed

under subparagraph (f)(3).

(2) The judge shall then determine if publication of the

report would improperly infringe upon a constitutional right of

any person, including but not limited to improper interference

with a person’s right to privacy or right to a fair trial in a

pending or planned criminal proceeding. The judge shall make

an ex parte on the record inquiry of the prosecuting attorney

about any planned or pending criminal prosecutions related to

the subject of the grand jury report.

(3) If the judge determines that the report does not meet

the standards of subsections (a)-(e), the judge shall return the

report to the grand jury with an explanation of the reasons for

returning the report. The grand jury may conduct further

proceedings, revise the report, or seek appellate review of the

judge’s decision not to release the report.

(g) Judicial Review If Report Adversely Reflects on

Identifiable Person. If the judge determines that the standards

of paragraph (f) are satisfied, the judge shall determine

whether any part of the report may reflect adversely on any

person who is named or otherwise identified in the report.

“Person” includes a natural person or an organization, but does

not include a governmental subdivision or agency. If the report

may adversely reflect on any identifiable person, the judge

shall proceed under the following subparagraphs (g)(1)–(5).

(1) The judge shall order that notice of the report be

provided to the person. The notice must advise the person of

his or her rights as provided in this paragraph.

natural person or an organization, but does

not include a governmental subdivision or agency. If the report

may adversely reflect on any identifiable person, the judge

shall proceed under the following subparagraphs (g)(1)–(5).

(1) The judge shall order that notice of the report be

provided to the person. The notice must advise the person of

his or her rights as provided in this paragraph.

(2) The person may move, within ten days of notice of the

report, for a hearing. The hearing will be held in camera and on

the record.

(3) The person must be given a reasonable period of time

prior to the hearing to examine the grand jury report and the

record of the grand jury proceedings. A person receiving notice

or a copy of the report and record may not disclose any matter

occurring before the grand jury except as permitted by the

court. Each person receiving these materials must be advised

of this obligation.

(4) The person named or otherwise identified in the report

may be represented by counsel at the hearing and may present

argument as to whether the standards stated in subparagraph

(g)(5) are satisfied. The prosecuting attorney may be present at

this hearing and may also present argument. Neither side may

present evidence nor examine witnesses, except that the named

or otherwise identifiable person may submit a written response

to the grand jury report which the person may request that the

court issue with the report under paragraph (h).

andards stated in subparagraph

(g)(5) are satisfied. The prosecuting attorney may be present at

this hearing and may also present argument. Neither side may

present evidence nor examine witnesses, except that the named

or otherwise identifiable person may submit a written response

to the grand jury report which the person may request that the

court issue with the report under paragraph (h).

(5) The judge shall determine at the close of the hearing

whether that part of the report which may adversely reflect

upon a named or otherwise identified person is supported by

substantial evidence or, if raised at the hearing, whether the

report satisfies the requirements of paragraph (f) of this rule

and paragraph (g) of Criminal Rule 6. If the judge finds that

these requirements are not satisfied, the judge shall return the

report to the grand jury with an explanation of why the report

has not been released. The court may request that the grand

jury consider further evidence as to the named or otherwise

identifiable person. The grand jury may conduct further

proceedings, revise the report, or seek appellate review of the

decision not to release the report.

(h) Release of Report.

(1) The court shall withhold publication of the report

until the expiration of the time for making a motion for a

hearing under paragraph (g). If such a motion is made,

publication must be withheld pending a ruling on the motion or

pending any review under paragraph (i). All proceedings under

this rule are confidential until the judge orders the report

released.

rt.

(h) Release of Report.

(1) The court shall withhold publication of the report

until the expiration of the time for making a motion for a

hearing under paragraph (g). If such a motion is made,

publication must be withheld pending a ruling on the motion or

pending any review under paragraph (i). All proceedings under

this rule are confidential until the judge orders the report

released.

(2) If the judge finds that the standards of paragraphs (f)

and (g) are met, the judge shall order the report released. The

judge may order that a response to the report by a person

named or otherwise identified, or other additional materials, be

attached to the report as an appendix. The report and any

appendices will be filed with the clerk of the court and made

available for public inspection. The court shall also direct that

copies of the report and any appendices be sent to other

persons as reasonably requested by the grand jury.

(3) The court may withhold publication of the report for

a reasonable time, if the court determines that withholding the

publication of the report is necessary to preserve the

investigative and prosecutorial function relating to the alleged

criminal conduct.

(i) Appeal.

(1) A judicial determination under paragraph (h) of this

rule is a final order for purposes of appeal. Such an appeal

is governed by Appellate Rule 216 except that the appeal is

to the Supreme Court. Any named or otherwise identifiable

person, the state, or the grand jury by majority vote may

seek review of the presiding judge’s decision.

(2) The grand jury will be permitted access to the

record of the in camera hearing to assist it in determining

whether to pursue appellate review. The grand jury shall

maintain the confidentiality of this record.