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Rule 222 – Composition and Organization of the Investigating Grand Jury

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) There shall be impaneled initially to serve on an investigating grand jury 23 legally qualified jurors and a minimum of 7 and not more than 15 legally qualified alternates. During its term, the investigating grand jury shall consist, as provided hereinafter, of not less than 15 nor more than 23 legally qualified jurors, and the remaining alternates.
(B) When an investigating grand jury is to be impaneled and more than 30 persons attend for service and qualify, the judge in charge of the grand jury shall excuse a sufficient number of persons to reduce the panel to not more than 23 persons plus the minimum of 7 but not more than 15 alternates. After prospective grand jurors have been excused for cause, the reduction to the minimum of 30 or maximum of 38 shall take place by random drawing in the following manner: 30 to 38 jurors shall be selected by random drawing, of which the first 23 jurors so selected shall be designated permanent grand jurors and the next 7 to 15 jurors shall be designated alternate jurors 1, 2, 3, and so on to a minimum of 15.
(C) Alternate jurors shall attend sessions of the grand jury but they may not participate in the preparation of any reports or presentments, nor in the deliberations and voting, until such time as they may be appointed as permanent grand jurors as provided in paragraph (D).
(D) The court shall have the power to permanently excuse a permanent or alternate grand juror for cause at any time during the term of the investigating grand jury. For each such excused permanent grand juror, the court shall appoint a new permanent grand juror from among the available alternates.
(E) Fifteen permanent members of the grand jury shall constitute a quorum, but an affirmative vote of 12 permanent members of the grand jury shall be required to adopt a report or issue a presentment.
(F) Whenever the number of permanent grand jurors, including alternates who have been appointed to replace permanent grand jurors, becomes less than 15, the term of the investigating grand jury shall be considered at an end.
(G) The court shall appoint one of the grand jurors as foreman. The grand jury shall select one of its members as a secretary to assist the foreman in keeping a record of the action of the grand jury.

234 Pa. Code ยง 222

Committee Explanatory Reports:

Report explaining the August 12, 1993 amendments published at 22 Pa.B. 3826 (July 25, 1992) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000) .

Final Report explaining the October 17, 2002 amendments concerning the number of alternate grand jurors published with the Court’s Order at 32 Pa.B. 5407 (November 2, 2002) .