(a)County grand jury. –
(1) Summoning Grand Juries. – A county grand jury shall be summoned only when ordered by a district judge. (2) Manner of Summoning. – A grand jury shall be drawn, summoned and impaneled in the same manner as trial juries in civil actions. (3) Term; Discharge and Excuse. – A grand jury shall serve until discharged by the court, but no grand jury may serve more than 12 months unless the court extends the service of the grand jury. Extensions shall be for periods of six months or less, for good cause only, and upon a determination that such extension is in the public interest. At any time for cause shown, the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel another person in place of the juror excused. (4) Composition; Qualification; Alternates.
(A) Number and Qualifications. – A grand jury shall consist of 12 persons who shall possess the qualifications of trial jurors. (B) Quorum. – Not less than nine jurors may act as the grand jury. (C) Alternate Jurors. – The court may direct that alternate jurors may be designated at the time a grand jury is selected. Alternate jurors in the order in which they were designated may thereafter be impanelled as provided in subdivision (a)(3). Alternate jurors shall be drawn in the same manner and shall have the same qualifications as the regular jurors, and if impanelled shall be subject to the same challenges, shall take the same oath and shall have the same functions, powers, facilities and privileges as the regular jurors. (5) Objections to Grand Jury and to Grand Jurors.
(A) Challenges. – The attorney for the state may challenge the array of jurors on the ground that the grand jury was not selected, drawn or summoned in accordance with law, and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges shall be made before the administration of the oath to the jurors and shall be tried by the court. (B) Motion to Dismiss. – A motion to dismiss an indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. 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 from the record kept pursuant to this rule that nine or more jurors, after deducting the number not legally qualified, concurred in finding the indictment. (6) Indictment.
(A) Finding to Indict. – No indictment shall be found unless the finding is concurred in by at least nine members of the grand jury. (B) A True Bill. – If an indictment is found as provided by this subdivision, the presiding juror of the grand jury shall endorse upon the indictment the words “A True Bill” and shall sign the indictment. (C) Sealed Indictments. – The district judge to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. If so directed the clerk shall seal the indictment and no person shall disclose the return of the indictment except as necessary for the issuance and execution of a warrant or summons. (7) Presiding Juror; Oath of Jurors; Charge.
(A) Presiding Juror. – The district judge shall appoint one of the jurors to be presiding juror and another to be deputy presiding juror. The presiding juror shall have power to administer oaths and affirmations and shall sign all indictments. The presiding juror or another juror designated by the presiding juror shall keep a record of the number of jurors concurring in the finding of every indictment and shall file the record with the clerk of the court, but the record shall not be made public except on order of the court. During the absence of the presiding juror, the deputy presiding juror shall act as presiding juror. (B) Oath. – Before entering upon their duties, jurors shall swear or affirm that each of them shall:
(i) Diligently inquire into all matters coming before them; (ii) Find and present indictments truthfully and without malice, fear of reprisal or hope of reward; and (iii) keep secret matters occurring before the grand jury unless disclosure is directed or permitted by the court. (C) Charge. – After the grand jury is impaneled and sworn, the district judge shall charge the jurors as to their duties, including their obligation of secrecy, and give them any information the court deems proper concerning any offenses known to the court and likely to come before the grand jury. (8) Powers. – The grand jury may:
(A) Inquire into any crimes committed or triable within the county and present them to the court by indictment; or (B) Investigate and report to the court concerning the condition of the county jail and the treatment of prisoners. (9) Appearance before Jury.
(A) Attorneys for State. – Attorneys for the state may appear before the grand jury for the purpose of:
(i) Giving information relative to any matter under inquiry; (ii) Giving requested advice upon any legal matter; and (iii) Interrogating witnesses. (B) Who May Be Present. – Attorneys for the state, the witness under examination, interpreters when needed and, for the purpose of taking the evidence, a stenographer or operator of a recording device may be present while the grand jury is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting. (10) Recording and Disclosure of Proceedings. – All proceedings, except when the grand jury is deliberating or voting, shall be recorded stenographically or by an electronic recording device. An unintentional failure of any recording to reproduce all or any portion of a proceeding shall not affect the validity of the prosecution. The recording or reporter’s notes or any transcript prepared therefrom shall remain in the custody or control of the attorney for the state unless otherwise ordered by the court in a particular case. (11) Process for Witnesses. – If requested by the grand jury or the attorney for the state, the clerk of the court in which the jury is impaneled shall issue subpoenas for the attendance of witnesses to testify before the grand jury. (12) Administration of Oath or Affirmation to Witnesses. – Before any witness is examined by the grand jury, an oath or affirmation shall be administered to the witness by the presiding juror. (13) Refusal of Witness to Testify. – If a witness appearing before a grand jury refuses, without just cause shown, to testify or provide other information, the attorney for the state may take the witness before the court for an order directing the witness to show cause why the witness should not be held in contempt. If after the hearing, the court finds that the refusal was without just cause, and if the witness continues to refuse to testify or produce evidence, the court may hold the witness in contempt subject to punishment provided by statute or these rules. The witness has the right to be represented by counsel at such hearing. Nothing in this rule shall be construed to require or permit the court to compel testimony under a grant of immunity unless such a procedure is expressly authorized by statute. (14) Confidentiality.
(A) Disclosure by Attorney for State. – Disclosure of matters occurring before the grand jury, other than its deliberations and the vote of any juror, may be made to the attorney for the state for use in the performance of the duties of the attorney for the state. The attorney for the state may disclose so much of the grand jury’s proceeding to law enforcement agencies as the attorney for the state deems essential to the public interest and effective law enforcement. (B) Disclosure by Others. – Except as provided in subparagraph (A), a juror, attorney, interpreter, stenographer, operator of a recording device or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court preliminarily to, or in connection with a judicial proceeding, or when permitted by the court at the request of the defendant upon a showing that a particularized need exists for a motion to dismiss the indictment because of matters occurring before the grand jury. No obligation of secrecy may be imposed upon any person except in accordance with this rule. A knowing violation of this provision may be punishable as contempt of court. (C) Closed Hearing. – Subject to any right to an open hearing in contempt proceedings, the court shall order a hearing on matters affecting a grand jury proceeding to be closed to the extent necessary to prevent disclosure of matters occurring before a grand jury. (D) Sealed Records. – Records, orders and subpoenas relating to grand jury proceedings shall be kept under seal to the extent and for such time as is necessary to prevent disclosure of matters occurring before a grand jury. (15) Presentation and Filing of Indictment. – Indictments found by the grand jury shall be presented by the presiding juror to the district judge in open court in the presence of the grand jury and filed with the clerk. (b)State grand jury. –
(1) Petition for Impaneling; Determination by District Judge. – If the governor or the attorney general deems it to be in the public interest to convene a grand jury which shall have jurisdiction extending beyond the boundaries of any single county, the governor or attorney general may petition a judge of any district court for an order in accordance with the provisions of Rule 6(b). The district judge may, for good cause shown, order the impaneling of a state grand jury which shall have statewide jurisdiction. In making a determination as to the need for impaneling a state grand jury, the judge shall require a showing that the matter cannot be effectively handled by a county grand jury impaneled pursuant to subdivision (a). (2) Powers and Duties; Applicable Law; Procedural Rules. – A state grand jury shall have the same powers and duties and shall function in the same manner as a county grand jury, except for the provisions of this subdivision, and except that its jurisdiction shall extend throughout the state. The procedural rules applicable to county grand juries shall apply to state grand juries except when inconsistent with the provisions of this subdivision. (3) Selection and Term of Members. – The clerk of the district court in each county of the state, upon receipt of an order of the district judge of the court granting a petition to impanel a state grand jury, shall prepare a list of 15 prospective state grand jurors drawn from existing jury lists of the county. The list so prepared shall be immediately sent to the clerk of the court granting the petition to impanel the state grand jury. The district judge granting the order shall impanel the state grand jury from the lists compiled by the clerk of court. The judge preparing the final list from which the grand jurors will be chosen need not include the names of the jurors from every county within the state having due regard for the expense and inconvenience of travel. A state grand jury shall be composed of 12 persons, but not more than one-half (1/2) of the members of the state grand jury shall be residents of any one county. The members of the state grand jury shall be selected by the court in the same manner as jurors of county grand juries and shall serve for one year following selection unless discharged sooner by the district judge. (4) Summoning of Jurors. – Jurors shall be summoned and selected in the same manner as jurors of county grand juries. (5) Judicial Supervision. – Judicial supervision of the state grand jury shall be maintained by the district judge who issued the order impaneling the grand jury, and all indictments, reports and other formal returns of any kind made by the grand jury shall be returned to that judge. (6) Presentation of Evidence. – The presentation of the evidence shall be made to the state grand jury by the attorney general or the attorney general’s designee. In the event the office of the attorney general is under investigation, the presentation of evidence shall be made to the state grand jury by an attorney appointed by the Wyoming Supreme Court. (7) Return of Indictment; Designation of Venue; Consolidation of Indictments. – Any indictment by the state grand jury shall be returned to the district judge without any designation of venue. Thereupon, the judge shall, by order, designate the county of venue for the purpose of the trial. The judge may order the consolidation of an indictment returned by a county grand jury with an indictment returned by a state grand jury and fix venue for the trial. (8) Investigative Powers; Secrecy of Proceedings.
(A) Report to Attorney General. – In addition to its powers of indictment, a statewide grand jury impaneled under this subdivision may, at the request of the attorney general, cause an investigation to be made into the extent of organized criminal activity within the state and return a report to the attorney general. (B) Disclosure by Attorney General and District Attorney. – Disclosure of matters occurring before the grand jury, other than its deliberations and the vote of any juror, may be made to the attorney general and to any district attorney for use in the performance of their duties. Those officials may disclose so much of the grand jury’s proceedings to law enforcement agencies as they deem essential to the public interest and effective law enforcement. (C) Disclosure by Others. – Except as provided in subparagraph (B), a juror, attorney, interpreter, stenographer, operator of a recording device or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court preliminarily to, or in connection with, a judicial proceeding, or when permitted by the court at the request of the defendant upon a showing that a particularized need exists for a motion to dismiss the indictment because of matters occurring before the grand jury. (D) Other Obligations of Secrecy. – No obligation of secrecy may be imposed upon any person except in accordance with this rule. The court may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event, the clerk shall seal the indictment and no person shall disclose the finding of the indictment except when necessary for the issuance and execution of a warrant or summons. A knowing violation of this provision may be punishable as contempt of court. (9) Costs and Expenses. – The costs and expenses incurred in impaneling a state grand jury and in the performance of its functions and duties shall be paid by the state out of funds appropriated to the attorney general for that purpose.
