§612-16  Grand jury.  (a)  The court
shall order one or more grand juries to be impaneled at such times as the
public interest requires; provided that there shall be an annual initial
impaneling not later than January 15.



(b)  For the impaneling of a grand jury, the
prospective jurors on a certified list of grand jurors shall be summoned and
the names of those who are present, and not disqualified, exempted, or excused,
shall be placed in an appropriate container from which a drawing by lot shall
be conducted in order to draw a sufficient number of names to constitute a
grand jury.  A sufficient number of additional names on a certified list, as
determined by the court, shall be drawn so that alternate grand jurors may be
designated to serve as grand jurors in case of any vacancy occurring on a grand
jury.  The drawing shall be made in open court in the presence of the judge, no
earlier than one week after a publication of notice of the time and place of
drawing in a newspaper of general circulation published within the circuit for
which the grand jury is drawn; provided that if there is no such newspaper,
then after at least one week's posting of such notice in at least three
conspicuous places in the circuit.



(c)  A certificate listing the names of the grand
jurors and alternate grand jurors, and stating the essential facts of the
drawing, signed by the judge and attested by the clerk, shall be filed.



(d)  The grand jury, being impaneled and sworn,
shall be charged by the court.  The alternate grand jurors shall also be sworn
and charged by the court, but shall not be impaneled.  In charging the grand
jurors and alternate grand jurors, the court shall give them such information
as it may deem proper as to their duties and as to the law pertaining to such cases
as may come before them.  The court may further charge the grand jurors and
alternate grand jurors from time to time, as it may deem necessary.



(e)  Effective January 2, 1992, for the courts
of the first circuit of the State of Hawaii, and effective January 2, 1993, for
the courts of all other circuits of the State, a grand jury shall serve for a
period of one year after being impaneled, unless sooner discharged by the
court; provided that a grand jury may sit beyond the one-year period to
complete any matter for which the grand jury was impaneled. [L 1973, c 191, pt
of §1; am L 1987, c 366, §9; am L 2007, c 122, §11]



 



Cross References



 



  Indictment by grand jury is required in infamous cases,
except in land or naval forces, or militia in actual service in time of war or
public danger:  U.S. Const., 5th Am.; Const. Art. I, §10.  See also §806-7.



  Grand jury counsel, see §§612-51 to 612-60.



 



Rules of Court



 



  Grand jury to consist of sixteen members, see HRPP rule
6(a).  A sufficient number to be summoned, see HRPP rule 6(a).



  Oath of grand jurors, see HRPP rule 6(h).



  Foreman of grand jury, see HRPP rule 6(c).



  Secrecy of proceedings, who may be present, see HRPP rule
6(d), (e).



 



Case Notes



 



  Under its supervisory powers over grand jury proceedings,
court may disqualify an attorney from attending the grand jury where justice
requires it.  57 H. 289, 554 P.2d 1131.



  Member of  prosecution serving as agent of grand jury held
unconstitutional.  57 H. 574, 560 P.2d 1309.



  Prosecutor is not required to present to grand jury evidence
which tends to negate guilt of accused unless clearly exculpatory.  60 H. 241,
589 P.2d 517.



  Prosecutorial misconduct before grand jury must be extreme
and clearly infringe upon jury's decision making function in order to serve as
basis for quashing indictment.  62 H. 209, 614 P.2d 373.



  Presentation of evidence -- prosecutor's duty; hearsay
evidence.  62 H. 518, 616 P.2d 1383.



  Secrecy of proceedings and disclosure.  62 H. 613, 617 P.2d
1222.



  Exclusion of deputy public defender from the courtroom while
impaneling the grand jury violated section.  70 H. 443, 774 P.2d 242.



  Sufficiency of evidence to support indictment.  1 H. App.
396, 620 P.2d 740.



  Unless prosecutor's misconduct clearly infringed on the
jury's decision-making function it should not be relied on for dismissal of the
indictment.  1 H. App. 430, 620 P.2d 263.



  Grand jury not incompetent through omission to apportion list
of persons from different precincts.  29 H. 7.  When record is silent as to
manner of drawing grand jury supreme court will presume that it was regularly
and properly drawn.  13 H. 413.  Party who neglects to claim right of challenge
to grand jury, before they retire, waives it, although party may be imprisoned
at time.  13 H. 413; 15 H. 139; 22 H. 618.  In absence of any showing to
contrary, presumption is that grand jurors who found indictment were good and
lawful persons and that not less than twelve concurred in finding.  15 H. 612;
19 H. 496; 20 H. 240; 21 H. 66; 22 H. 116.  A person accused of an offense has
no right to appear before or to have witnesses heard in person's behalf by the
grand jury.  15 H. 612.



  When only twelve grand jurors appear, others of the twenty-
three having been excused or not served, court may direct drawing of five
additional names from appropriate jury box to fill panel.  20 H. 240. 
Advantage cannot be taken of an irregularity in the drawing of trial jurors
unless it clearly appears that the party objecting was injured.  19 H. 496,
497, criticized on other grounds.  33 H. 167, 172.



  Objections, manner drawing and impaneling grand jury.  13 H.
413.  Motion to quash indictment, defendant warned before testifying to grand
jury.  24 H. 621.  Right to challenge before grand jury retires.  13 H. 413; 15
H. 139; 22 H. 618.  Assistance of counsel at impaneling of grand jury.  15 H.
139.  Where twenty-three grand jurors had been summoned, jurors not served,
excused, etc., only twelve appearing, court may draw additional names to fill
panel, invalid.  20 H. 240.  Objection to irregularities of drawing grand
jurors.  22 H. 618.



  Sheriff may not testify as to facts occurring in the session
of the grand jury.  17 H. 126, 131.  Prior to statute, oath of secrecy could
not be required of a witness before a grand jury by one of the judges of
circuit court of the first circuit.  17 H. 341.



  Evidence presented to grand jury must be recorded.  51 H.
589, 465 P.2d 459.