imported post
Here is statute law on Grand Juries. I suspect details are in the rules of procedure that I'll look at later. ((Right now I'm pooped from a 6 mile walk - State Park unarmed empty holster))
968.40 Grand jury. (1) SELECTION OF GRAND JURY LIST. Any
judge may, in writing, order the clerk of circuit court to select a
grand jury list within a specified reasonable time. The clerk shall
select from the prospective juror list for the county the names of
not fewer than 75 nor more than 150 persons to constitute the prospective
grand juror list. The list shall be kept secret.
(3) EXAMINATION OF PROSPECTIVE JURORS. At the time set for
the prospective grand jurors to appear, the judge shall and the district
attorney or other prosecuting officer may examine the prospective
jurors under oath or affirmation relative to their qualifications
to serve as grand jurors and the judge shall excuse those who
are disqualified, and may excuse others for any reason which
seems proper to the judge.
(4) ADDITIONAL GRAND JURORS. If after such examination
fewer than 17 grand jurors remain, additional prospective jurors
shall be selected, summoned and examined until there are at least
17 qualified jurors on the grand jury.
(6) TIME GRAND JURORS TO SERVE. Grand jurors shall serve for
a period of 31 consecutive days unless more days are necessary to
complete service in a particular proceeding. The judge may discharge
the grand jury at any time.
(7) ORDERS FILED WITH CLERK. All orders mentioned in this
section shall be filed with the clerk of court.
(8) INTERCOUNTY RACKETEERING AND CRIME. When a grand
jury is convened pursuant to this section to investigate unlawful
activity under s. 165.70, and such activity involves more than one
county, including the county where the petition for such grand jury
is filed, then if the attorney general approves, all expenses of such
proceeding shall be charged to the appropriation under s. 20.455
(1) (d).
History: 1971 c. 125 s. 522 (1); 1977 c. 29 s. 1656 (27); 1977 c. 187 ss. 95, 135;
1977 c. 318; 1977 c. 447 s. 210; 1977 c. 449; Stats. 1977 s. 756.10; 1991 a. 39; Sup.
Ct. Order No. 96−08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.40.
A claim of grand jury discrimination necessitates federal habeas corpus review.
Rose v. Mitchell, 443 U.S. 545 (1979).
The grand jury in Wisconsin. Coffey, Richards, 58 MLR 518.
968.41 Oath or affirmation of grand jurors. Grand jurors
shall, before they begin performance of their duties, solemnly
swear or affirm that they will diligently inquire as to all matters
and things which come before the grand jury; that they will keep
all matters which come before the grand jury secret; that they will
indict no person for envy, hatred or malice; that they will not leave
any person unindicted for love, fear, favor, affection or hope of
reward; and that they will indict truly, according to the best of their
understanding.
History: 1975 c. 94 s. 91 (12); 1977 c. 187 s. 95; Stats. 1977 s. 756.11; Sup. Ct.
Order No. 96−08,207 Wis. 2d xv (1997); Stats. 1997 s. 968.41.
968.42 Presiding juror and clerk. The grand jury shall
select from their number a presiding juror and a clerk. The clerk
shall preserve the minutes of the proceedings before them and all
exhibits.
History: 1977 c. 187 s. 95; Stats. 1977 s. 756.12; Sup. Ct. Order No. 96−08, 207
Wis. 2d xv (1997); Stats. 1997 s. 968.42.
968.43 Reporter; salary; assistant. (1) Every grand jury
shall when ordered by the judge ordering such grand jury, employ
one or more reporters to attend their sessions and to make and transcribe
a verbatim record of all proceedings had before them.
(2) Before assuming the duties under this section, each
reporter shall make and file an oath or affirmation faithfully to
record and transcribe all of the proceedings before the grand jury
and to keep secret the matters relative to the proceedings. Each
reporter shall be paid out of the county treasury of the county in
which the service is rendered such sum for compensation and
expenses as shall be audited and allowed as reasonable by the
court ordering the grand jury. Each reporter may employ on his or
her own account a person to transcribe the testimony and proceedings
of the grand jury, but before entering upon the duties under
this subsection, the person shall be required to make and file an
oath or affirmation similar to that required of each reporter.
(3) Any person who violates an oath or affirmation required
by sub. (2) is guilty of a Class H felony.
History: 1977 c. 187 s. 95; Stats. 1977 s. 756.13; Sup. Ct. Order No. 96−08, 207
Wis. 2d xv (1997); Stats. 1997 s. 968.43.; 1997 a. 283; 2001 a. 109.
968.44 Witnesses. The presiding juror of every grand jury
and the district attorney or other prosecuting officer who is before
the grand jury may administer all oaths and affirmations in the
manner prescribed by law to witnesses who appear before the jury
for the purpose of testifying in any matter of which the witnesses
have cognizance. At the request of the court, the presiding juror
shall return to the court a list, under his or her hand, of all witnesses
who are sworn before the grand jury. That list shall be filed by the
clerk of circuit court.
History: 1977 c. 187 s. 95; 1977 c. 449; Stats. 1977 s. 756.14; Sup. Ct. Order No.
96−08, 207 Wis. 2d xv (1997); Stats. 1997 s. 968.44.
968.45 Witness rights; transcripts. (1) Any witness
appearing before a grand jury may have counsel present, but the
counsel shall not be allowed to examine his or her client, cross−
examine other witnesses or argue before the judge. Counsel may
consult with his or her client while before a grand jury. If the
prosecuting officer, attorney for a witness or a grand juror believes
that a conflict of interest exists for an attorney or attorneys to represent
more than one witness before a grand jury, the person so
believing may make a motion before the presiding judge to disqualify
the attorney from representing more than one witness
before the grand jury. A hearing shall be held upon notice with the
burden upon the moving party to establish the conflict.
(2) No grand jury transcript may be made public until the trial
of anyone indicted by the grand jury and then only that portion of
the transcript that is relevant and material to the case at hand. This
subsection does not limit the defendant’s rights to discovery under
s. 971.23.
History: 1979 c. 291; Sup. Ct. Order No. 96−08, 207 Wis. 2d xv (1997); Stats.
1997 s. 968.45.
968.46 Secrecy. Notwithstanding s. 757.14, all motions,
including but not limited to those for immunity or a privilege,
brought by a prosecuting officer or witness appearing before a
grand jury shall be made, heard and decided in complete secrecy
and not in open court if the prosecuting officer or witness bringing
the motion or exercising the immunity or privilege so requests.
History: 1979 c. 291; Sup. Ct. Order No. 96−08, 207 Wis. 2d xv (1997); Stats.
1997 s. 968.46.
968.47 District attorney, when to attend. Whenever
required by the grand jury it shall be the duty of the district attorney
of the county to attend them for the purpose of examining witnesses
in their presence or of giving them advice upon any legal
matter, and to issue subpoenas and other process to bring up witnesses.
History: 1977 c. 187 s. 95; Stats. 1977 s. 756.15; Sup. Ct. Order No. 96−08, 207
Wis. 2d xv (1997); Stats. 1997 s. 968.47.
968.48 Attendance; absence; excuse; number
required for grand jury session; number required to
concur in indictment. Each grand juror shall attend every session
of the grand jury unless excused by the presiding juror. The
presiding juror may excuse a grand juror from attending a grand
jury session only for a reason which appears to the presiding juror
in his or her discretion as good and sufficient cause for the excuse.
No business may be transacted at any session of the grand jury at
which less than 14 members of the grand jury are in attendance
and no indictment may be found by any grand jury unless at least
12 of their number shall concur in the indictment.
History: 1977 c. 187 s. 95; Stats. 1977 s. 756.16; Sup. Ct. Order No. 96−08, 207
Wis. 2d xv (1997); Stats. 1997 s. 968.48.
968.49 Fine for nonattendance. Any person lawfully summoned
to attend as a grand juror who fails to attend without any
sufficient excuse shall pay a fine not exceeding $40, which shall
be imposed by the court to which the person was summoned and
shall be paid into the county treasury.
History: Sup. Ct. Order No. 96−08, 207 Wis. 2d xv (1997).
968.50 Report progress and return indictments. A
grand jury may report progress and return indictments to the court
from time to time during its session and until discharged.
History: 1977 c. 187 s. 95; Stats. 1977 s. 756.17; Sup. Ct. Order No. 96−08, 207
Wis. 2d xv (1997); Stats. 1997 s. 968.50.
A grand jury performs a judicial rather than a legislative function; therefore, a
progress report unconnected to an indictment may not be made public. State ex rel.
Caledonia v. Racine County Ct. 78 Wis. 2d 429, 254 N.W.2d 317 (1977).
968.505 Procedure upon discharge of grand jury.
When the grand jury is discharged the clerk shall collect all transcripts
of testimony, minutes of proceedings, exhibits and other
records of the grand jury, and deliver them as the jury directs either
to the attorney general or to the district attorney, or upon approval
of the court deliver them to the clerk of the court who shall
impound them subject to the further order or orders of the court.
History: 1977 c. 187 s. 95; Stats. 1977 s. 756.18; Sup. Ct. Order No. 96−08, 207
968.51 Indictment not to be disclosed. No grand juror or
officer of the court, if the court shall so order, shall disclose the fact
that any indictment for a felony has been found against any person
not in custody or under recognizance, otherwise than by issuing
or executing process on such indictment, until such person has
been arrested.
History: 1977 c. 187 s. 95; Stats. 1977 s. 756.19; Sup. Ct. Order, No. 96−08, 207
Wis. 2d xv (1997); Stats. 1997 s. 968.51.
968.52 Votes not to be disclosed. No grand juror may be
allowed to state or testify in any court in what manner he or she
or any other member of the jury voted on any question before
them, or what opinion was expressed by any juror in relation to the
question.
History: 1977 c. 187 s. 95; Stats. 1977 s. 756.20; Sup. Ct. Order No. 96−08, 207
Wis. 2d xv (1997); Stats. 1997 s. 968.52.
968.53 When testimony may be disclosed. Members of
the grand jury and any grand jury reporter may be required by any
court to testify whether the testimony of a witness examined
before the jury is consistent with or different from the evidence
given by the witness before the court; and they may also be
required to disclose the testimony given before the grand jury by
any person upon a complaint against the person for perjury, or
upon trial for the offense. Any transcript of testimony taken
before the grand jury and certified by a grand jury reporter to have
been carefully compared by the reporter with his or her minutes
of testimony so taken and to be a true and correct transcript of all
or a specified portion of the transcript, may be received in evidence
with the same effect as the oral testimony of the reporter to
the facts so certified, but the reporter may be cross−examined by
any party as to the matter.
History: 1977 c. 187 s. 95; Stats. 1977 s. 756.21; Sup. Ct. Order No. 96−08, 207
Wis. 2d xv (1997); Stats. 1997 s. 968.53.
