| The Assignment
Judge of each county shall order and organize according to law one or
more grand juries for the county not exceeding 23 members each to be summoned
at such times as the public interest requires. At least one grand jury
shall be serving in each county at all times.
Note: Source-R.R. 3:3-1. 3:6-2. Objections to Grand Jury and Grand
Jurors
The prosecuting attorney or a defendant, after being held to answer
a complaint charging an indictable offense or after indictment, may,
in writing, challenge the array of the grand jury which has returned
or is expected to return the indictment on the ground that it was not
selected, drawn or summoned according to law, and may challenge an individual
juror on the ground that the juror is not legally qualified. All such
challenges shall be made within 30 days of the service of the complaint
or no later than at the arraignment/status conference. For good cause
shown, the court may allow the motion to be brought at any time. Such
challenges shall be tried by a judge designated by the Assignment Judge.
If a defendant has already been indicted, such challenges may be the
basis of a motion to dismiss the indictment.
Note: Source-R.R. 3:3-2(a)(b); amended July 13, 1994 to be effective
January 1, 1995. 3:6-3. Supervising and Charging the Grand Jury
(a) Potential Bias. When appropriate, the Assignment Judge shall inquire
of potential grand jurors about such aspects of their background as
may reveal possible bias or interest in a matter to come before the
grand jury. The Assignment Judge shall instruct the grand jury that
without the Assignment Judge's approval no grand juror shall participate
in any matter in which that juror has a bias or a financial, proprietary,
or personal interest; and if that juror wishes to participate, the juror
shall forthwith so inform the prosecutor. The prosecutor shall forthwith
inform the Assignment Judge, who shall determine, in camera, whether
such bias or interest exists and whether it justifies excusal. (b) Copy
of Charge. When the judge designated by the Assignment Judge charges
the grand jury, that judge shall cause a copy of the charge to be promptly
furnished to each juror.
Note: Source-R.R. 3:3-3; caption amended paragraph (a) adopted, and
former rule captioned and redesignated paragraph (b) June 29, 1990 to
be effective September 4, 1990; paragraph (b) amended July 13, 1994
to be effective September 1, 1994. 3:6-4. Foreperson; Deputy Foreperson
The Assignment 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 shall endorse all indictments. During the absence
of the foreperson, the deputy foreperson shall act as foreperson.
Note: Source-R.R. 3:3-4; amended July 14, 1992, to be effective September
1, 1992. 3:6-5. Clerk
The clerk of the grand jury shall make and keep minutes of the proceedings
of the grand jury as well as a record of the vote of each juror, by
name, on each considered matter. If there is no clerk of the grand jury,
the foreperson or another juror designated by the foreperson shall keep
such a record. The record of the vote on every count of every indictment
and on every presentment shall be filed with the clerk of the grand
jury. The record shall not be made public except on order of the Assignment
Judge.
Note: Source-R.R. 3:3-5. Amended July 14, 1972 to be effective September
5, 1972; amended July 29, 1977 to be effective September 6, 1977; amended
July 13, 1994 to be effective September 1, 1994. 3:6-6. Who May Be Present;
Record and Transcript
(a) Attendance at Session. No person other than the jurors, the prosecuting
attorney, the clerk of the grand jury, the witness under examination,
interpreters when needed and, for the purpose of recording the proceedings,
a stenographer or operator of a recording device may be present while
the grand jury is in session. No person other than the jurors, the clerk,
the prosecuting attorney and the stenographer or operator of the recording
device may be present while the grand jury is deliberating. The grand
jury, however, may request either (1) the prosecuting attorney and the
stenographer or operator or (2) the clerk to leave the jury room during
its deliberations. (b) Record; Transcript. A stenographic record or
sound recording shall be made of all testimony of witnesses, comments
by the prosecuting attorney, and colloquy between the prosecuting attorney
and witnesses or members of the grand jury, before the grand jury. After
an indictment has been returned, at the request of the defendant, a
transcript of the grand jury proceedings shall be made. The request
shall designate the portion or portions of the proceedings to be transcribed
and the person or persons to whom the transcript is to be furnished.
A copy of the request for a transcript will be served contemporaneously
by the defendant upon the prosecutor, who may move for a protective
order pursuant to R. 3:13-3(f). The prosecutor may request a copy of
the transcript at any time. (c) Retention of Records. If no request
has been made or order entered directing a transcript of the grand jury
proceedings to be made within six months after their termination, the
stenographic record or sound recording shall be sealed and deposited
with the operations division manager's office who shall retain it subject
to the directions of the Administrative Director of the Courts.
Note: Source-R.R. 3:3-6(a)(b)(c); paragraphs (a) and (b) amended July
15, 1982 to be effective September 13, 1982; paragraph (b) amended and
second paragraph added to paragraph (b) July 13, 1994, new text in paragraph
(b) amended December 9, 1994, to be effective January 1, 1995; paragraph
(c) amended July 5, 2000 to be effective September 5, 2000. 3:6-7. Secrecy
of Proceedings
Except as otherwise provided by R. 3:13-3, the requirement as to secrecy
of proceedings of the grand jury shall remain as heretofore, and all
persons other than witnesses, permitted by R. 3:6-6 to be present while
the grand jury is in session, shall be required to take an oath of secrecy
before their admission thereto. Such oath shall also be taken by typists
making transcripts of testimony given before the grand jury.
Note: Source-R.R. 3:3-7; amended July 13, 1994 and December 9, 1994,
to be effective January 1, 1995. 3:6-8. Finding and Return of Indictment;
No Bill
(a) Return; Secrecy. An indictment may be found only upon the concurrence
of 12 or more jurors and shall be returned in open court to the Assignment
Judge or, in the Assignment Judge's absence, to any Superior Court judge
assigned to the Law Division in the county. With the approval of the
Assignment Judge, an indictment may be returned to such judge by only
the foreman or the deputy foreman rather than with all other members
of the grand jury. Such judge may direct that the indictment shall be
kept secret until the defendant is in custody or has given bail and
in that event it shall be sealed by the clerk, and no person shall disclose
its finding except as necessary for the issuance and execution of a
warrant or summons. (b) No Bill. If the defendant has been held to answer
a complaint and, after submission to the grand jury, no indictment has
been found, the foreperson shall forthwith so report in writing to the
court, who shall forthwith order the defendant's release unless the
defendant's detention is required by other pending proceedings. Notice
of the action of the grand jury shall also be mailed by the clerk of
the court to the defendant's attorney, a defendant not in custody, and
the defendant's sureties if bail has been posted.
Note: Source-R.R. 3:3-8(a)(b); paragraph (a) amended July 16, 1981
to be effective September 14, 1981; paragraph (a) amended July 26, 1984
to be effective September 10, 1984; paragraphs (a) and (b) amended July
13, 1994 to be effective September 1, 1994. 3:6-9. Finding and Return
of Presentment
(a) Finding. A presentment may be made only upon the concurrence of
12 or more jurors. It may refer to public affairs or conditions, but
it may censure a public official only where that public official's association
with the deprecated public affairs or conditions is intimately and inescapably
a part of them. (b) Return. A presentment shall be returned in open
court to the Assignment Judge, who shall be notified in advance thereof
by the foreperson so that the judge may arrange to be available in court
to receive it. (c) Examination; Reference Back; Striking. Promptly and
before the grand jury is discharged, the Assignment Judge shall examine
the presentment. If it appears that a crime has been committed for which
an indictment may be had, the Assignment Judge shall refer the presentment
back to the grand jury with appropriate instructions. If a public official
is censured the proof must be conclusive that the existence of the condemned
matter is inextricably related to non-criminal failure to discharge
that public official's public duty. If it appears that the presentment
is false, or is based on partisan motives, or indulges in personalities
without basis, or if other good cause appears, the Assignment Judge
shall strike the presentment either in full or in part. As an aid in
examining the presentment the Assignment Judge may call for and examine
the minutes and records of the grand jury, with or without the aid of
the foreperson or the prosecuting attorney, to determine if a substantial
foundation exists for the public report. If the presentment censures
a public official and the Assignment Judge determines not to strike,
a copy of the presentment shall forthwith be served upon the public
official who may, within 10 days thereafter, move for a hearing, which
shall be held in camera. The public official may examine the grand jury
minutes fully, under such reasonable supervision as the court deems
advisable, and be permitted to introduce additional evidence to expose
any deficiency. (d) Filing and Publication. Such portions of the presentment
as are not referred back to the grand jury for further action or are
not stricken in accordance with paragraph (c) of this rule shall be
filed and made public, and the Assignment Judge shall instruct the clerk
of the grand jury to send copies thereof to such public bodies or officials
as may be concerned with the criticisms and recommendations made therein
and to the Administrative Director of the Courts. The presentment or
any portion thereof shall not be made public by any person except the
Assignment Judge. The Assignment Judge shall withhold publication of
the presentment until the expiration of the time for the making of a
motion for a hearing by a public official pursuant to R. 3:6-9(c), and
if such motion is made, shall withhold publication of the presentment
pending the judge's determination. (e) Review. The action taken by the
Assignment Judge pursuant to this rule is judicial in nature and is
subject to review for abuse of discretion by the State or by any aggrieved
person, including any member of the grand jury making the presentment.
Note: Source-R.R. 3:3-9(a)(b)(c)(d)(e); paragraphs (a), (b), (c) and
(d) amended July 13, 1994to be effective September 1, 1994. 3:6-10.
Discharge; Continuance of Term
(a) Term. A grand jury shall serve until discharged by the Assignment
Judge, but not longer than 20 weeks unless the Assignment Judge shall
order it continued as hereinafter provided. A grand jury shall not be
discharged before the expiration of its term of service except for good
cause. The continuance of such grand jury shall not affect the usual
drawing, selecting and serving of further grand juries. (b) Order for
Continuance. Whenever it appears to the Assignment Judge that the grand
jury has not completed its labors, although its ordinary term is about
to expire, the Assignment Judge may, if satisfied of the necessity therefor,
order that its term be continued. The order shall be made and filed
within the session of court for which such grand jury shall have been
drawn, and shall provide a continuance for a definite period of time
not exceeding 3 calendar months, provided, however, that the Assignment
Judge may make a further order, or orders, continuing such grand jury
in office for a further term or terms of 3 calendar months each.
Note: Source-R.R. 3:3-10(a)(b)(c); paragraph (b) amended July 13, 1994
to be effective September 1, 1994. 3:6-11. Impanelment and Judicial
Supervision of State Grand Jury
(a) Generally. All rules relating to grand juries shall apply to the
State Grand Jury except as otherwise specifically provided by statute
or rule. (b) Designation of Assignment Judge. The Chief Justice shall
designate an Assignment Judge of the Superior Court to impanel and supervise
the State Grand Jury or Grand Juries. The Chief Justice may also designate
one or more Judges of the Superior Court to assist said Assignment Judge
with regard to impanelment and supervision of the State Grand Jury or
Grand Juries and to perform such other duties and responsibilities with
regard thereto as ordered by the Chief Justice or the designated Assignment
Judge.
Note: Adopted July 17, 1975 to be effective September 8, 1975.
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