North Dakota Code 29-10.2-05 – Grand jury investigations – Confidentiality – Exceptions
1. In addition to its power of indictment, a state grand jury impaneled under this chapter may, at the request of the attorney general, cause an investigation to be made into the extent of multicounty criminal activity which involves organized crime as defined herein or corruption of law enforcement officers or other public officers, officials, or employees.
Terms Used In North Dakota Code 29-10.2-05
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- indictment: is a n accusation in writing presented by a grand jury to a competent court charging a person with a crime or public offense. See North Dakota Code 29-01-13
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Individual: means a human being. See North Dakota Code 1-01-49
- Juror: A person who is on the jury.
- presentment: is a n informal statement in writing by a grand jury representing to the court that a public offense has been committed which is triable in the county or subdivision, and that there is reasonable ground to believe that a particular individual named or described has committed it. See North Dakota Code 29-01-13
- seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- True bill: Another word for indictment.
2. Disclosure of any matters occurring before a state grand jury, other than its deliberation and the vote of any juror, may be made to the attorney general for use in the performance of the attorney general’s duties. The attorney general may disclose so much of the state grand jury’s proceedings to law enforcement agencies as the attorney general considers essential to the public interest and effective law enforcement.
3. A report or presentment of a state grand jury relating to an individual which is not accompanied by a true bill of indictment may not be made public or be published until the individual concerned has been furnished a copy of the report and given thirty days to file with the district court a motion to suppress or seal the report or a portion that is improper and unlawful. The motion, whether granted or denied, automatically acts as a stay of public announcement of the report, or portion of the report, until the district court’s ruling on the motion is either affirmed or denied by an appellate court, or until the time in which the order may be appealed has expired, whichever occurs first. The report or portion of the report which is suppressed or sealed may not be opened even by order of the court.