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USA Statutes : arizona
Title : Juries
Chapter : GRAND JURIES
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21-401 Definitions
In this chapter unless the context otherwise requires:
1. "Alternate grand jurors" means the additional grand jurors who are selected at
the time of impanelment but who are not administered the oath unless a duly impanelled
and sworn grand juror is permanently excused by the presiding judge of the superior
court.
2. "Grand jury" means a body of the required number of qualified persons who are
duly convened and impanelled by the presiding judge of the superior court and who are
sworn to inquire into public offenses that may be tried within the county, including
corrupt or willful misconduct in office of public officials within the county.
3. "Indictment" means an accusatory statement that is in writing, that is presented
by the grand jury to the superior court and that charges the commission of a public
offense that may be tried within the county. 21-402 Calling grand jury
A. In a county with a population of two hundred thousand or more a grand jury shall
be called three times each year by the presiding judge of the superior court. The call
shall be issued on the first court date of each year, the first court date of May of each
year and the first court date of September of each year. Each grand jury shall sit until
a new grand jury has been impanelled to replace it or until its term expires pursuant to
section 21-403. Additional grand juries shall be called upon petition of the county
attorney stating the reasons therefor.
B. In a county of under two hundred thousand in population the presiding judge of
the superior court may call a grand jury:
1. If, in his sole discretion, he determines the public interest requires a grand
jury; or
2. On petition of the county attorney.
21-403 Term of grand jury
Grand juries called pursuant to section 21-402 shall serve for a term designated by
the presiding judge of the superior court which shall not exceed one hundred twenty days,
unless at the end of such period the grand jury is serving in connection with unfinished
inquiries or investigations, in which event the term may be extended by the presiding
judge, upon petition by the county attorney stating the reasons therefor, until the
conclusion of the investigation.
21-404 Discharge of grand jury
The presiding judge of the superior court shall discharge a grand jury upon the
expiration of the term of such grand jury unless the term is extended as provided in
section 21-403.
21-405 Change in presiding judge or county attorney; effect
Neither the term nor the powers of a grand jury shall be affected by the fact that a
different individual or individuals shall occupy the position of presiding judge or the
office of county attorney from time to time.
21-406 Excuse, vacancy and absence
A. At any time, for good cause, the presiding judge of the superior court may
excuse a grand juror temporarily or permanently. In the event that a grand juror is
excused permanently, the presiding judge of the superior court may administer the oath to
an alternate grand juror so as to maintain the original membership at the prescribed
number of persons. The alternate grand juror shall be selected as prescribed by title
21, chapter 3.
B. No grand juror shall vote on any matter upon which evidence has been taken in
his absence or prior to his impanelment.
21-407 Duties of grand jurors
A. The grand jurors shall inquire into every offense which may be tried within the
county which is presented to them by the county attorney or other prosecuting officer at
the request of the county attorney, or by the attorney general as a special prosecutor
appointed by the presiding judge of the superior court for the purpose of proceedings
under section 21-408, subsection B, or section 38-344, and shall have access to all
jails, public institutions, and public records.
B. If a grand juror knows of or has reason to believe that an offense which may be
tried within the county has been committed he shall report such knowledge or belief to
the county attorney or to the presiding judge of the superior court. If an investigation
of such alleged offense is undertaken under a charge to the grand jury as provided in
subsection B of section 21-409, the grand juror may be sworn as a witness.
21-408 Attendance of prosecuting attorney
A. The county attorney or other prosecuting officer shall attend the grand jurors
when requested by them, and may do so although not requested for the purpose of examining
witnesses, in their presence, or of giving the grand jurors legal advice regarding any
matter cognizable by them. He shall also, when requested by them, draft indictments and
cause process to issue for the attendance of witnesses and other evidence.
B. If a charge against or an offense personally involving the prosecuting attorney,
or an assistant prosecuting attorney or any one employed by the office of the prosecuting
attorney is being investigated by the grand jury, neither such prosecuting attorney nor
anyone employed by the office of such prosecuting attorney, including such person or
persons under investigation, shall be allowed to be present before the grand jury when
such charge is being investigated other than as a witness. The person under
investigation after making an appearance as a witness shall leave the place where the
grand jury is holding its session.
21-409 Duties of court; examination; charge; advice; appointment of foreman
A. When a grand jury is summoned and appears, the court and the county attorney or
other prosecuting officer shall examine the jurors regarding their qualifications as such
jurors.
B. After the grand jury has been sworn and impanelled the court on advice of the
county attorney shall charge it concerning the matters that may be considered by it and
concerning the duties of the grand jurors in respect thereto.
C. On request of the grand jury, the court shall advise that body at all reasonable
times regarding their legal duties.
D. When the grand jury is sworn and impanelled, the court shall appoint one of the
jurors to be foreman, and another juror to act as foreman in the absence of such foreman.
21-410 Swearing of witness
A. The foreman or acting foreman shall administer an oath or affirmation in the
manner prescribed by law to any witness called to testify before the grand jury.
21-411 Appointment of reporter; transcript
A. The presiding judge of the superior court shall appoint a regularly appointed
court reporter to record the proceedings before the grand jury, except the deliberations
of the grand jury. The reporter's notes containing the proceedings from which an
indictment is returned shall be transcribed and filed with the clerk of the superior
court not later than twenty days following the return of the indictment, unless the court
otherwise orders. Such transcript shall be made available to the prosecuting officer and
the defendant. The transcript or a portion of the transcript may be denied to a
defendant by the court upon a showing of extraordinary circumstances by a prosecuting
officer. The reporter's notes which are not transcribed as provided in this section
shall be filed with the clerk of the superior court and impounded and shall be
transcribed only when ordered by the presiding judge of the superior court.
B. The reporter and typists who transcribe the reporter's notes of grand jury
proceedings shall be sworn by the foreman or acting foreman not to disclose any testimony
or the name of any witness except to the county attorney or other prosecuting officer or
when testifying in court.
21-412 Evidence on behalf of person under investigation
The grand jurors are under no duty to hear evidence at the request of the person
under investigation, but may do so. The person under investigation shall have the right
to advice of counsel during the giving of any testimony by him before the grand jury,
provided that such counsel may not communicate with anyone other than his client. If
such counsel communicates with anyone other than his client he may be summarily expelled
by the court from the grand jury chambers. The grand jurors shall weigh all the evidence
received by them and when they have reasonable ground to believe that other evidence,
which is available, will explain away the contemplated charge, they may require the
evidence to be produced.
21-413 Indictment upon probable cause
The grand jury shall return an indictment charging the person under investigation
with the commission of a public offense if, from all the evidence taken together, it is
convinced that there is probable cause to believe the person under investigation is
guilty of such public offense.
21-414 Number of grand jurors necessary to indict
A. An indictment shall not be returned without concurrence of at least nine grand
jurors. When an indictment is returned, the foreman or acting foreman shall endorse it a
"true bill" and sign it.
B. An indictment shall not be dismissed on the ground that one or more members of
the grand jury were not legally qualified if it appears that nine or more qualified
jurors concurred in returning the indictment.
21-415 Presentation of indictment
The indictment shall be presented by the foreman or acting foreman to the court in
the presence of the grand jury.
21-416 Failure to indict person in custody or on bail
If the defendant is in custody or has given bail on a charge investigated by the
grand jury and nine jurors do not concur in finding an indictment, the foreman or acting
foreman shall so report to the court in writing forthwith.
21-421 State grand juries; impaneling; term
A. Upon written application by the attorney general there shall be a state grand
jury with jurisdiction extending throughout the state impaneled each year by any superior
court judge designated from time to time as a state grand jury assignment judge by the
chief justice of the ARIZONA supreme court. Such assignment judge shall serve at the
pleasure of the chief justice. A state grand jury shall be impaneled within the county
in which the assignment judge is serving.
B. Whenever the attorney general determines it to be in the best interest to
convene additional state grand juries, he may apply in writing to the chief justice of
the ARIZONA supreme court for the designation of an additional assignment judge and the
chief justice shall designate an additional assignment judge in accordance with the
provisions of this article. Such assignment judge shall serve at the pleasure of the
chief justice. Such assignment judge may, for good cause shown, impanel an additional
state grand jury in accordance with the application, in which event such state grand jury
shall have statewide jurisdiction. In making his determination as to the need for
impaneling an additional state grand jury, the assignment judge may require a showing
that the matter cannot be effectively handled by a county grand jury or an existing state
grand jury. At no one time shall more than three state grand juries be impaneled.
C. The regular term of the state grand jury shall be six months. The term may be
shortened by the assignment judge at the request of the attorney general. The term may
be extended by the assignment judge for a specified time period upon a verified, written
petition by the attorney general stating that an extension is needed to conclude a grand
jury inquiry begun prior to the expiration of its term.
21-422 Powers and duties
A. The law applicable to county grand juries, including their powers, duties and
functions, applies to the state grand juries except insofar as it is in conflict with
this article. The supreme court shall adopt rules to govern the procedures of state grand
juries.
B. The state grand jury shall investigate and return indictments for only those
offenses or violations of law arising out of or in connection with:
1. The determination or collection of state taxes, the registration or failure to
register securities, the offer or sale of securities, the offer or sale of interests in
land, the formation or operation of banks, insurance companies, pension funds, labor
unions, professional sports enterprises, corporate enterprises, or business enterprises,
the making or collecting of loans, events leading to receivership or declaration of
bankruptcy by a business enterprise, the sale or purchase of goods or services by or for
the state or political subdivisions, bribery, obstruction of justice, hindering
prosecution or any form of intentional, knowing or corrupt misconduct involving any
person compensated by public funds.
2. Any fraud, theft or possession, receipt, sale or transportation of stolen
property or other contraband, or gambling or prostitution or narcotics, which occurs in
more than one county or which occurs in one county and affects the residents of another
county or which may be prosecuted by more than one county attorney.
3. Perjury, false swearing, unsworn falsification, or any violation of title 13,
chapter 28 in connection with any state grand jury proceeding, committed by any person
testifying before it or in any trial or other proceeding involving any indictment
returned by a state grand jury.
4. Any perjury by subornation or attempted perjury by subornation relating to
testimony before it or in any trial or other proceeding involving any indictment returned
by a state grand jury.
5. Any violation of title 13, chapter 23 or section 38-421 or 39-161.
6. Any violation of title 13, chapter 35.1 if committed using a computer or network
as defined in section 13-2301 and if any part of the conduct either:
(a) Occurs in more than one county, state or country.
(b) Affects the residents of another county, state or country.
(c) May be prosecuted by more than one county, state or country.
7. Any criminal wrongdoing that is referred in writing by a county attorney and
that is accepted in writing by the attorney general.
C. If a state grand jury, pursuant to an investigation under subsection B of this
section, learns of an offense for which it lacks jurisdiction to indict, the grand jury
shall direct the attorney general to inform the appropriate prosecutorial authority.
D. Nothing in this article shall be construed to limit the jurisdiction of the
county grand juries or county attorneys, nor shall an investigation by a state grand jury
be deemed preemptive of a previously instituted investigation by another grand jury or
agency having jurisdiction under the same subject matter unless good cause is shown.
21-423 Jurors; judicial supervision
A. A state grand jury shall consist of the same number of members as a county grand
jury. The residence and qualifications of the members of the state grand jury shall be
determined according to rules and regulations promulgated by the ARIZONA supreme court
which, at its discretion, depending upon the nature of the matters to be investigated,
may permit the jury members to be residents of either one county or several counties.
B. The jury commissioner of the county in which the assignment judge is serving,
upon receipt of the order of the assignment judge, shall prepare a list of prospective
jurors drawn from current jury lists from which list the assignment judge shall impanel a
state grand jury.
C. The jury commissioner of the county in which the assignment judge is serving
shall cause the panel members to be summoned for service. The jury commissioner shall
send the notice of service by certified mail, return receipt requested.
D. Judicial supervision of the state grand jury shall be maintained by the
assignment judge and all indictments, presentments and formal returns of any kind made by
a state grand jury shall be returned to the assignment judge.
21-424 Presentation of evidence to state grand jury
Presentation of evidence shall be made to a state grand jury by the attorney general
or his designee.
21-425 Designation of venue; consolidation
Any indictment or presentment by any state grand jury shall be returned to the
assignment judge and shall include a finding as to the county or counties in which the
alleged offense or violation of law was committed. Thereupon, the assignment judge
shall, by order, designate the county of venue for the purpose of trial. The assignment
judge may, by order, direct the consolidation of an indictment returned by a county grand
jury with an indictment returned by a state grand jury and fix venue for trial.
21-426 Duty of the attorney general to advise county attorney of investigations and indictments
The attorney general shall advise the county attorney in any affected county of the
nature of the state grand jury investigation and of any indictments to be returned by the
state grand jury unless such disclosures will create a substantial likelihood of a
conflict of interest for the county attorney.
21-427 Attendance of prosecuting attorney; prosecution of indictments; issuance of subpoenas
A. The attorney general or his designee shall attend the state grand jury in the
manner prescribed by section 21-408.
B. The attorney general or his designee shall prosecute all indictments returned by
a state grand jury. The attorney general, at his discretion, may commence a prosecution
by way of a complaint for any offense within the jurisdiction of the state grand jury.
C. The attorney general or his designee shall have authority to issue subpoenas in
furtherance of matters cognizable by a state grand jury in accordance with the provisions
of title 13, chapter 38, article 21, and for trials and other proceedings involving any
and all indictments returned by a state grand jury.
21-428 Costs and expenses; state grand jury
A. In addition to the fees and amounts stated in section 21-221, persons serving on
a state grand jury shall be provided by the county in which the assignment judge is
serving with reasonable per diem expenses as established by the ARIZONA supreme court.
B. The costs and expenses incurred by a county arising out of or in connection with
impaneling a state grand jury and for the performing of its functions and duties or
arising out of the prosecution and trial of state grand jury indictments shall be paid
for by the state out of monies appropriated to the supreme court for these purposes. The
supreme court shall approve county requests for reimbursement after certification by the
assignment judge that the amount requested is owed.
C. All costs and expenses incurred by the attorney general arising out of the
investigation, prosecution and trial of matters cognizable by a state grand jury are
payable from monies appropriated to the attorney general for these purposes.
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