Alaska R. Crim. P. 6

(a) By Whom Convened. The presiding superior court

judge of the judicial district encompassing the grand jury

location specified in section (b) shall convene the grand jury.

(b) Where Grand Juries Shall Be Convened. The

grand jury shall be convened at the superior court location

shown in the following table, based on the superior court

venue district in which the matter under investigation occurred.

The superior court venue districts are defined in the Criminal

Rule 18 venue map.

Superior Court Venue

District in which the

matter under

investigation occurred

Location at which

the grand jury will

be convened

Anchorage

Anchorage

Bethel

Bethel

Cordova

Anchorage or Palmer

Craig

Juneau, Ketchikan, or Sitka

Delta Junction

Fairbanks

Dillingham

Dillingham or Anchorage

Fairbanks

Fairbanks

Glennallen

Anchorage or Palmer

Homer

Kenai

Juneau

Juneau, Sitka, or Ketchikan

Kenai

Kenai

Ketchikan

Ketchikan, Sitka, or Juneau

Kodiak

Kodiak

Kotzebue

Kotzebue

Naknek

Anchorage

Nenana

Fairbanks

Nome

Nome

Palmer

Palmer

Petersburg

Juneau, Ketchikan, or Sitka

Seward

Kenai

Sitka

Sitka, Juneau, or Ketchikan

Tok

Fairbanks

Unalaska

Utqiaġvik –

(formerly Barrow)

Anchorage

Utqiaġvik -

(formerly Barrow)

Valdez

Anchorage or Palmer

Wrangell

Juneau, Ketchikan, or Sitka

The presiding judge of a judicial district shall be

empowered to call a special jury to be convened at a site other

than the site designated in this subsection if the presiding judge

determines that the designation of a special site is necessary in

the interest of justice.

(c) Selection of Prospective Grand Jurors. Prospective

grand jurors shall have the qualifications and shall be drawn

and selected as set forth by law, with the additional provisions:

(1) prospective grand jurors shall be selected from the

population within a fifty-mile radius of the place where the

grand jury is convened, and

(2) the presiding judge of the superior court may with the

approval of the administrative director select prospective grand

jurors at large from the judicial district in which the matter

under investigation occurred.

(d) Summoning Grand Jurors. At least once each year

the presiding judge of the superior court in each judicial

district shall order one or more grand juries to be convened at

such times as the public interest requires. The grand jury shall

consist of not less than 12 nor more than 18 members. The

court shall direct that a sufficient number of legally qualified

persons be summoned to meet this requirement. Any qualified

member of the grand jury panel not designated to serve as a

member of the grand jury may be placed on the petit jury

panel. An otherwise qualified person called for petit jury

service may be placed on the grand jury panel. A grand jury

shall serve until discharged by the presiding judge but no grand

jury may serve more than 4 months, unless this period is

extended for good cause.

(e) Swearing and Instructing Jurors.

(1) The following oath shall be administered by the clerk

of the superior court to the persons selected for grand jury

duty:

“You and each of you as members of this grand jury for

the State of Alaska, do solemnly swear or affirm that you will

diligently inquire and true presentment make of all such

matters as shall be given to you for consideration, or shall

otherwise come to your knowledge in connection with your

present service; that you will preserve the secrecy required by

law as to all proceedings had before you; that you will present

no one through envy, hatred or malice, or leave any one

unpresented through fear, affection, gain, reward, or hope

thereof; but that you will present all things truly and

impartially as they shall come to your knowledge according to

the best of your understanding.”

(2) When the grand jury is sworn, the court shall charge

the jury with written instructions, which the court deems

proper, concerning the powers and duties of the grand jury.

(f) Alternate Jurors. The presiding judge may direct

that alternate jurors be designated at the time a grand jury is

selected. Alternate jurors in the order in which they were

designated may thereafter be impaneled as provided in

paragraph (s) of this rule. Alternate jurors shall be drawn in the

same manner and shall have the same qualifications as the

regular jurors, and if impaneled 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.

(g) Objections to Grand Jury and to Grand Jurors. A

motion to dismiss the indictment or to expunge a report of the

grand jury may be based upon objections to the array or the

lack of legal qualification of an individual juror. An indictment

shall not be dismissed nor a report expunged upon the ground

that one or more members of the grand jury were not legally

qualified if it appears from the record kept pursuant to

paragraph (h) of this rule that a majority of the total number of

grand jurors comprising the grand jury when the grand jury is

sworn and charged with instructions, after deducting the

number not legally qualified, concurred in finding the

indictment or making the report.

(h) Foreperson and Deputy Foreperson. The presiding

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 affirmations and shall sign all

indictments and reports. The foreperson or another juror

designated by the foreperson shall keep a record of the number

of jurors concurring in the finding of every indictment and the

issuance of every report and shall file the record with the clerk

of the court, but the record shall not be made public except on

order of the presiding judge. During the absence of the

foreperson, the deputy foreperson shall act as foreperson.

(i) Preparing Indictments and Presentments. The

prosecuting attorney shall prepare all indictments and

presentments for the grand jury, and shall attend its sittings to

advise it of its duties and to examine witnesses in its presence.

(j) Investigation of Crime Initiated by Grand Juror. If

a grand juror discloses to other grand jurors that he or she has

reason to believe a crime has been committed that is triable by

the court and proposes that the grand jury investigate that

crime, the grand juror shall also disclose the belief to the

prosecuting attorney. If approved by a majority of the grand

jurors, the grand jury may investigate the facts and

circumstances relating to the belief with the assistance and

oversight of the prosecuting attorney, in accordance with Rule

6.1(d) and (e)(1)-(2).

(k) Record of Proceedings. All proceedings before the

grand jury, including the testimony of witnesses and any

statements made by the prosecuting attorney or by any of the

jurors, shall be electronically recorded.

(l) Who May Be Present. The prosecuting attorney, the

witness under examination, a court clerk for the purpose of

recording the proceedings, and, when needed, an interpreter, a

person transcribing for the deaf, and any law enforcement

officer who has custody of the witness being examined may be

present while the grand jury is in session. No persons other

than the jurors and any interpreter or transcriber necessary to

assist a juror who is hearing or speech impaired shall be

present while the grand jury is deliberating or voting.

(m) Secrecy of Proceedings and Disclosure.

(1) The selection, swearing, and charging of grand jurors

and all matters occurring before the grand jury are secret,

except as otherwise provided by this rule. Disclosure of

matters, other than the grand jury’s deliberations and the vote

of any juror, may be made to the prosecuting attorney for use

in the performance of the prosecuting attorneys’ duties.

Otherwise a judge, juror, attorney, interpreter, person

transcribing for the deaf, law enforcement officer, court clerk,

or a typist who transcribes recorded testimony may disclose

matters only when so directed by the court preliminary to or in

connection with a judicial or administrative proceeding.

(2) The returns of indictments to the superior court are

public proceedings, unless the court directs that the

proceedings be closed to the public and the indictment kept

secret until the defendant is in custody or has given bail. 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.

(3) No obligation of secrecy may be imposed upon any

person except in accordance with this rule.

(n) Availability of Grand Jury Record to Defendant.

Upon request, a defendant shall be entitled to listen to the

electronic recording of the grand jury proceedings and inspect

all exhibits presented to the grand jury. Upon further request

the defendant may obtain a transcript of such proceedings and

copies of such exhibits. The trial of the case shall not be

delayed because of the failure of a defendant to request the

transcript. The availability of a grand jury report is governed

by Criminal Rule 6.1.

(o) Finding and Return of Indictment.

(1) An indictment may be found only upon the

concurrence of a majority of the total number of jurors

comprising the grand jury when the grand jury is sworn and

charged with instructions, after deducting the number not

legally qualified.

(2) If an indictment is not found, the indictment shall be

endorsed “not a true bill” and signed by the foreperson. If an

indictment is found, the indictment shall be endorsed “a true

bill” and signed by the foreperson.

(3) (i) If an indictment is endorsed “a true bill,” the

indictment shall be presented in open court and filed with the

clerk where it shall be open to public inspection.

(ii) If an indictment is endorsed “not a true bill” and a

complaint or information was previously filed in a district

court, the indictment shall be presented in open court and filed

with the clerk where it shall be open to public inspection.

(iii) If an indictment is endorsed “not a true bill” and no

complaint or information was previously filed in district court,

the indictment shall be filed with the clerk and held under seal.

(iv) The foreperson or deputy foreperson may present an

indictment in open court without the presence of other grand

jury members.

(4) If no indictment is found, the court shall hold the

minutes, log notes, and record of the grand jury proceeding

under seal. If an indictment is found, the log notes, transcript,

and record of the grand jury proceeding will be confidential, as

defined in Administrative Rule 37.5(c), except that the grand

jury documents may be used by a party or counsel and by their

staff, investigators, experts, and others as necessary for the

preparation of the case. This paragraph does not preclude a

party from attaching relevant portions of these documents to a

pleading or motion, so long as victim and witness information

is protected as provided in AS 12.61.100–.150.

(5) The return of exhibits used during the grand jury

proceedings is governed by Criminal Rule 26.1(h).

(p) Questions to the Superior Court.

(1) Whenever there is doubt from the evidence presented

(i) whether the facts constitute a crime, or

(ii) whether a defendant is subject to prosecution by

reason of either a lapse of time or a former acquittal or

conviction, then the grand jury by a concurrence of at least five

members may, after consulting the prosecuting attorney,

present the facts of the case to the court with a request for

instruction on the law.

(2) The foreperson shall make the presentation of facts

and the request for instruction on the law to the court in the

presence of the grand jury.

(3) The presentation to the court shall not mention the

names of individuals. Any written document containing the

presentation of facts and request for instruction on the law

shall not be filed with the court, nor shall it be kept by the

court beyond the time that the grand jury is discharged.

(4) When the presentation of facts and request for

instruction is made, the court shall give such instruction on the

law as it considers necessary.

(q) Defense Witnesses. Although the grand jury has no

duty to hear evidence on the behalf of the defendant, it may do

so.

(r) Sufficiency of Evidence. When the grand jury has

reason to believe that other available evidence will explain

away the charge, it shall order such evidence to be produced

and for that purpose may require the prosecuting attorney to

subpoena witnesses. An indictment shall not be found nor a

presentment made upon the statement of a grand juror unless

such grand juror is sworn and examined as a witness. The

grand jury shall find an indictment when all the evidence taken

together, if unexplained or uncontradicted, would warrant a

conviction of the defendant.

(s) Admissibility of Evidence.

(1) Evidence which would be legally admissible at trial

shall be admissible before the grand jury. Witnesses may be

presented to summarize admissible evidence if the admissible

evidence will be available at trial.

(2) Hearsay evidence related to the offense, not

otherwise admissible, may be admitted into evidence before

the grand jury if the individual presenting the hearsay evidence

is a peace officer involved in the investigation.

(3) If the testimony presented by a peace officer under

paragraph (2) of this section is inaccurate because of

intentional, grossly negligent, or negligent misstatements or

omissions, then the court shall dismiss an indictment resulting

from the testimony if the defendant shows that the inaccuracy

prejudices substantial rights of the defendant.

(4) When a prior conviction is an element of an offense,

hearsay evidence received through the Alaska Public Safety

Information Network or from other government agencies of

prior convictions may be presented to the grand jury.

(t) Excusing Grand Jurors. A seated juror may be

excused for a particular case, permanently excused, or

temporarily excused under the following circumstances:

(1) The prosecutor shall excuse a juror for a particular

case when the juror informs the prosecutor that the juror

cannot be fair or impartial in deciding that case. The

prosecutor may ask the presiding judge to impanel an alternate.

(2) If the prosecutor is made aware of a grand juror’s

potential prejudice or bias that could affect the grand jury’s

impartial deliberations, or if the prosecutor seeks to challenge a

juror for cause, the prosecutor shall present the information as

to prejudice or bias or the challenge to the presiding judge. The

judge shall provide the juror with notice of the prosecutor’s

action and shall question the juror concerning the potential bias

or challenge. After hearing from the juror, the judge may

request additional information from the prosecutor, other

jurors, or other sources. If potential bias or cause is shown, the

judge may excuse the juror permanently or for a particular

case. The judge may impanel an alternate juror in place of the

juror excused. If no potential bias or cause is shown, the judge

shall allow the juror to remain and may take other appropriate

action.

(3) The presiding judge may excuse a juror temporarily

because of illness or a personal or business matter that requires

the juror’s attention. The presiding judge may delegate this

authority to another judicial officer.

(4) An alternate juror must be present during the

presentation of all evidence related to that case in order to vote

on the proposed bill.

(u) Delegation of Duties. Whenever a superior court is

sitting other than where the presiding judge is sitting, or the

presiding judge is unavailable, the presiding judge may

delegate duties under this rule to another judicial officer.

However, the presiding judge may delegate duties under

Criminal Rule 6.1 only to another superior court judge.

(v) Telephonic Testimony.

(1) A witness may participate telephonically in grand

jury proceedings if the witness:

(A) would be required to travel more than 50 miles to the

situs of the grand jury; or

(B) lives in a place from which people customarily travel

by air to the situs of the grand jury.

(2) A witness who is not entitled to participate

telephonically under subparagraph (1) may participate

telephonically with approval of the presiding judge of the

judicial district, or the presiding judge’s designee. A motion to

allow telephonic testimony under this subparagraph may be ex

parte and shall be accompanied by an affidavit of the

prosecuting attorney that states the reason telephonic testimony

is requested.

(3) If a witness participates telephonically in grand jury

proceedings, after the witness is sworn, the prosecuting

attorney shall require the witness to:

(A) state the location from which the witness is

testifying; and

(B) verify

(i) that the witness’ conversation cannot be overheard;

(ii) that no extension for the telephone from which the

witness is testifying is in use; and

(iii) that the witness will notify the grand jury

immediately if any person can overhear the witness’ testimony

or if the witness becomes aware that an extension for the

telephone enters use during the testimony.