Ky. Cir. Ct. Clerks' Manual GRAND JURY

47 GRAND JURY

RCr 5.02-5.24

District and Circuit Courts Process Map

47.1 Case Referred to Grand Jury – District Court

Quick Reference

Upon a defendant’s waiver of a preliminary hearing, or if probable cause is

Disposition Type

established, refer a case to the grand jury:

GDJ

1. Complete the charge screen(s) closing information with disposition type of

GDJ.

2. Do not close the case screen until the grand jury has disposed of the

charge(s). Copy to the

Commonwealth

NOTE: Do not transfer the case file to circuit court.

Attorney

3. Copy all papers in the proceeding and transmit the copy to the

Commonwealth Attorney. RCr 3.22.

NOTE: If you receive an order stating that a preliminary hearing was not

held, or that probable cause was not found, use the following charge

disposition codes: Disposition Types:

• NPHH – No Preliminary Hearing Held * NPHH

• NPCF – No Probable Cause Found * NPCF

47.1.1 Grand Jury Referral List

1. When the grand jury meets, print a grand jury referral list and furnish to

the commonwealth attorney. Print and furnish the list at any other time

when you are requested to do so.

NOTE: In addition, on April 1st and October 1st each year print the same

list and deliver to your commonwealth attorney and chief circuit judge.

Print the grand jury

2. When the circuit court notifies you that an indictment has been returned, referral list

transfer the case to circuit court. RCr 5.20.

3. Print a case history.

4. Send the contents of the file and the case history to circuit court;

5. Retain the envelope in numerical order with other cases of that category.

GRAND JURY

47.2 Grand Jury Dispositions – Circuit Court

Dispositions on all cases heard by the Grand Jury are reported by Circuit Court. The

Commonwealth Attorney must furnish dispositions for all Grand Jury activity to circuit court.

The dispositions should be recorded on the Grand Jury Referral list.

NOTE: There is no grand jury referral list for juveniles, however, there is a Quick Reference

Juvenile Grand Jury Report that may be printed from the KyCourts Browse

using disposition type JGDJ. Change the

disposition date

1. Access the district court case number and proceed to the charge(s) screen.

Disposition types:

2. Change the disposition date to the date of disposition by the Grand Jury. * Indictment – IND

3. Change the disposition type to one of the following: * No True Bill – NTB

* Dismissed after

o IND – Indictment Grand

o NTB - No True Bill Jury – DGJ

* No Grand Jury

o DGJ - Dismissed after Grand Jury Action

o NGJ - No Grand Jury Action – NGJ

* Amended Down

o AGJ - Amended Down by Grand Jury

by

o AUGJ - Amended Up by Grand Jury Grand Jury – AGJ

* Amended Up by

NOTES:

Grand Jury - AUGJ

• If you are not sure that the charges on the indictment arose out

of the same set of circumstances as the charges on the citation and your

commonwealth attorney will not clarify it for you, close the charges in district

court with the Disposition Type NGJ (No Grand Jury Action). No action was

taken on the charge as it appeared on the citation.

• If the charges did arise out of the same set of circumstances, even though the

charges are not the same, close district court charges with IND (Indictment).

Use district court citation number in circuit court case.

• If your commonwealth attorney will not supply a disposition, close the charge in

district court with the disposition type NGJ (No Grand Jury Action).

• If a defendant has been held to answer per RCr 3.14(1) and the grand jury fails

to indict, the grand jury adjourns without having either indicted a defendant or

referred the matter to the next grand jury the circuit court shall make an order

dismissing all charges or counts against such defendant without prejudice,

discharging the defendant from custody, and exonerating the defendant’s bail

and any conditions thereon and order a refund of any money or bonds

deposited as bail. RCr 5.22.

• In any event the defendant has been held to answer without being indicted for

longer than 60 days from the finding of probable cause the circuit court shall,

upon motion, make an order discharging the defendant from custody,

exonerate the defendant’s bail and any conditions thereon and order a refund

of any money or bonds deposited as bail. RCr 5.22.

GRAND JURY

47.2.1 NOTE: Failure of the grand jury to return an indictment against a

defendant does not prevent any charge against such a defendant from being

submitted to another grand jury. RCr 5.22Grand Jury Report

The Grand Jury Report should be placed in a master file by date.

47.2.2 No True Bill

If a No True Bill is returned, place it in the folder with the Grand Jury Reports. You will close

the charge as NTB. If a bond was posted in the case you will need an order from the judge

to release the bond. Put a copy of the No True Bill in the district court file.

47.2.3 Transfer of District Court Files

When the list of cases referred to the Grand Jury is received from the commonwealth

attorney showing the disposition of cases referred to the Grand Jury, deliver a copy to

district court. The district court will transfer to circuit court the files for those defendants

indicted.

NOTE: If the disposition of a charge in a district court case is “GDJ” Grand Jury, do not

close the case screen until the grand jury has disposed of the charge.

47.2.4 Misdemeanor Indictment

An indictment returned by the Grand Jury for a misdemeanor, not joined with a felony

charged in the same indictment, shall be docketed in district court. RCr 5.20. DO NOT

OPEN THIS CASE IN CIRCUIT COURT.

• If the misdemeanor charge came from a district court case, file the indictment for

the misdemeanor in that case file.

• If no current case exists (the misdemeanor indictment results from a direct

submission) see District Criminal Cases for opening a case.

NOTE: The grand jury, commonwealth attorney, or district judge will give you direction

to issue a summons, bench warrant, and/or docket scheduling.