77-10a-10. Charge of grand jury — Rights and duties. Upon impanelment of each grand jury, the judge managing the grand jury shall charge the grand jury and inform it of: (1) its duty to inquire into offenses against the criminal laws alleged to have been committed within the jurisdiction; (2) its independent right to call […]
77-10a-11. Jury foreman — Compensation of grand jurors. (1) The managing judge shall appoint one of the jurors to be foreman and another to be deputy foreman. The foreman may administer oaths and affirmations and shall sign all indictments. The foreman or another juror designated by him shall keep record of the number of jurors […]
Effective 5/12/2015 77-10a-12. Representation of state — Appointment and compensation of special prosecutor. (1) The state may be represented before any grand jury summoned in the state by: (a) the attorney general or any assistant attorney general; (b) a county attorney or any deputy county attorney; (c) a district attorney or any deputy district attorney; […]
Effective 5/8/2018 77-10a-13. Location — Who may be present — Witnesses — Witnesses who are subjects — Evidence — Contempt — Notice — Record of proceedings — Disclosure. (1) The managing judge shall designate the place where the grand jury meets. The grand jury may, upon request and with the permission of the managing judge, […]
Effective 5/8/2018 77-10a-14. Concurrence for indictment — Proof — Validity — Disclosure. (1) An indictment may be found only upon the concurrence of at least three-fourths, or the next highest whole number, of the grand jurors. (2) An indictment may not be found unless the grand jurors who vote in favor of the indictment find […]
77-10a-15. Return and transfer of indictment. Immediately upon the return of an indictment the managing judge shall enter an order transferring the indictment to a court with appropriate jurisdiction and proper venue under Section 76-1-202 to try the matter. Enacted by Chapter 318, 1990 General Session
77-10a-16. Return of indictment — Warrant of arrest — Bail. (1) The managing judge may upon return of an indictment, when the defendant is not in custody, cause a warrant to be issued for the arrest of the defendant charged and shall fix an appropriate bail. (2) Return of any warrant of arrest shall be […]
77-10a-17. Grand jury report on noncriminal misconduct — Action on the report. (1) A grand jury may upon completion of its original term or each extension, with the concurrence of a majority of its members, submit to the managing judge a report concerning noncriminal misconduct, malfeasance, or misfeasance in office as a basis for a […]
77-10a-18. Grand jury term of service — Excusing a juror. (1) A grand jury shall serve until discharged by the managing judge. However, a grand jury may not serve more than 18 months unless the managing judge extends the service of the grand jury, upon determining an extension is in the public interest. The extension […]
77-10a-19. Compensation for special prosecutors. (1) Compensation for special prosecutors under this section shall be paid by the Judicial Council. For this purpose, there is appropriated from the General Fund to the Judicial Council $50,000 as a separate line item in the budget of the Judicial Council for the fiscal year 1989-1990. The line item […]
Effective 5/8/2018 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 to have information that would justify the calling of a […]
77-10a-20. Expenses of grand jury — Appropriation — Payment by state or county. (1) (a) The expenses of operation of a grand jury summoned under this chapter shall be paid by the Judicial Council, except under Subsection (2). (b) Expenses include grand juror fees, rental of a facility, cost of transcripts, payment for a court […]
77-10a-3. Scope of grand jury inquiry. Any grand jury summoned under this chapter may inquire into and indict for any criminal activity occurring within the state. Enacted by Chapter 318, 1990 General Session
77-10a-4. Number of members — Number required for indictment. (1) Any grand jury summoned under this chapter shall consist of not fewer than nine or more than 15 members. (2) The grand jury may return an indictment only if at least three-fourths of the members, or the next highest whole number, vote in favor of […]
Effective 5/9/2017 77-10a-5. Grand jurors — Qualification and selection — Limits on disclosure. (1) Grand jurors shall meet the qualifications provided for jurors generally in Title 78B, Chapter 1, Part 1, Jury and Witness Act. Grand jurors shall be selected from the prospective jury list as provided in Section 78B-1-107. (2) The names of grand […]
77-10a-7. Selection of grand jurors — Notice — Examination — Qualification — Alternates. (1) When the supervising judge orders that a grand jury be summoned, the managing judge shall direct the clerk to select at random from the master list the number of names determined by the managing judge to ensure that the required number […]
77-10a-8. Challenge of prospective grand jurors — Failure to comply in selection of jurors — Remedies. (1) The attorney general, county attorney, district attorney, or special prosecutor may challenge: (a) the array of grand jurors on the ground the grand jury was not selected, drawn, or summoned in accordance with law; and (b) an individual […]
77-10a-9. Oath for grand jurors. Grand jurors and those selected as alternates shall take the following oath: “Do you, and each of you, solemnly swear that you will diligently inquire into and make true presentment or indictment of all matters and things as are given you in charge or otherwise come to your knowledge, touching […]
