Section 19-1117 – SPECIAL INQUIRY JUDGE — PETITION FOR ORDER.
19-1117. SPECIAL INQUIRY JUDGE — PETITION FOR ORDER. (1) When the prosecuting attorney of any county has reason to suspect crime or corruption, within his jurisdiction, and there is reason to suspect that there are persons who may be able to give material testimony or provide material evidence concerning such suspected crime or corruption, such […]
Section 19-1118 – SPECIAL INQUIRY JUDGE — DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS.
19-1118. SPECIAL INQUIRY JUDGE — DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS. The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect or refusal to appear, testify or provide evidence at such inquiry in response to […]
Section 19-1119 – SPECIAL INQUIRY JUDGE — DIRECTION TO PROSECUTING ATTORNEY TO PARTICIPATE IN PROCEEDINGS IN ANOTHER COUNTY — PROCEDURE.
19-1119. SPECIAL INQUIRY JUDGE — DIRECTION TO PROSECUTING ATTORNEY TO PARTICIPATE IN PROCEEDINGS IN ANOTHER COUNTY — PROCEDURE. Upon petition of a prosecuting attorney to the special inquiry judge that there is reason to suspect that there exists evidence of crime and corruption in another county, and with the concurrence of the special inquiry judge […]
Section 19-1120 – WITNESSES — ATTENDANCE.
19-1120. WITNESSES — ATTENDANCE. (1) A prosecuting attorney may call as a witness, in a special inquiry judge proceeding, any person suspected by him to possess information or knowledge relevant thereto and may issue legal process and subpoena to compel his attendance and the production of evidence. (2) The special inquiry judge may cause to […]
Section 19-1104 – FOREMAN MAY ADMINISTER OATHS.
19-1104. FOREMAN MAY ADMINISTER OATHS. The foreman may administer an oath to any witness appearing before the grand jury. History: [(19-1104) Cr. Prac. 1864, sec. 204, p. 237; R.S., R.C., & C.L., sec. 7633; C.S., sec. 8792; I.C.A., sec. 19-1004.]
Section 19-1121 – SELF-INCRIMINATION — RIGHT TO COUNSEL.
19-1121. SELF-INCRIMINATION — RIGHT TO COUNSEL. Any individual called to testify before a special inquiry judge, whether as a witness or principal, if not represented by an attorney appearing with the witness before the special inquiry judge, must be told of his privilege against self-incrimination. Such an individual must be informed that he has the […]
Section 19-1105 – EVIDENCE RECEIVABLE BY GRAND JURY.
19-1105. EVIDENCE RECEIVABLE BY GRAND JURY. In the investigation of a charge for the purpose of either presentment or indictment, the grand jury can receive any evidence that is given by witnesses produced and sworn before them except as hereinafter provided, furnished by legal documentary evidence, the deposition of a witness in the cases provided […]
Section 19-1122 – SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE.
19-1122. SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE. If in any proceedings before a special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he may be incriminated thereby, and if a prosecuting attorney requests the court […]
Section 19-1106 – EVIDENCE FOR DEFENDANT.
19-1106. EVIDENCE FOR DEFENDANT. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should order such evidence to be produced, […]
Section 19-1123 – SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE.
19-1123. SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE. (1) No individual, who is present during a special inquiry judge proceeding or who shall gain information with regard to said inquiry, shall disclose the testimony of a witness examined before the special inquiry judge or other evidence received by him, except such testimony […]