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Rule 4-642 – Secrecy

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Court Records. Files and records of the court pertaining to criminal investigations shall be sealed and shall be open to inspection only by order of the court.
(b) Hearings. Hearings before the court relating to the conduct of criminal investigations shall be on the record and shall be conducted out of the presence of all persons except those whose presence is necessary.
(c) Grand Jury–Who May Be Present.

(1)While the Grand Jury Is in Session. The following persons may be present while the grand jury is in session: one or more attorneys for the State; the witness being questioned; any court reporter appointed pursuant to Code, Courts Article, § 2-503; and, when needed, interpreters, so long as an audio recording is made if the interpreter is present for a witness.
(2)During Deliberations and Voting. No person other than the jurors, and any interpreter needed to assist a hearing-impaired or speech-impaired juror, may be present while the grand jury is deliberating or voting.
(3)Appointment, Oath, and Compensation of Interpreter. If the State’s Attorney requests that an interpreter be appointed for a witness or juror in a grand jury proceeding, the court shall appoint an interpreter. Before acting as an interpreter in a grand jury proceeding, the interpreter shall make oath as provided in Rule 1-333(c)(3). Compensation for the interpreter shall be in accordance with Code, Courts Article, § 9-114.
(d) Motion for Disclosure. Unless disclosure of matters occurring before the grand jury is permitted by law without court authorization, a motion for disclosure of such matters shall be filed in the circuit court where the grand jury convened. If the moving party is a State’s Attorney who is seeking disclosure for enforcement of the criminal law of a state or the criminal law of the United States, the hearing shall be ex parte. In all other cases, the moving party shall serve a copy of the motion upon the State’s Attorney, the parties to the judicial proceeding if disclosure is sought in connection with such a proceeding, and such other persons as the court may direct. The court shall conduct a hearing if requested within 15 days after service of the motion.

Md. Crim. Causes. 4-642

This Rule is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended May 8, 2007, eff. July 1, 2007; Sept. 10, 2009, eff. Oct. 1, 2009; March 2, 2015, eff. July 1, 2015.

HISTORICAL NOTES

2007 Orders

The May 8, 2007, order inserted section (c); and redesignated former section (c) as section (d).

2009 Orders

The September 10, 2009, order, in section (c), substituted “court reporter” for “stenographer”.

2015 Orders

The March 2, 2015 order revised an internal reference in the Rule.