This column discusses the major differences in state and federal grand jury procedures. This is especially important as Pennsylvania state prosecutors have increased their use of the investigating grand jury over the past five years. In addition to the Pennsylvania Attorney General, all county district attorneys now have the power to empanel all investigating grand jury. The court proceedings arising from the recent Attorney General’s grand jury report on abuse of minors by priests in catholic dioceses, indicate the unsettled issues in Pennsylvania grand jury procedure. Pennsylvania grand jury procedure is unlike its federal counterpart, which contains a definite grand jury procedure and a body of case law which the judges, prosecutors and defense bar readily follow. The Pennsylvania Grand Jury statute was adopted in 1980 and can be found at 42 Pa. C.S.A 4549, et seq. The term prosecutor used in this article refers to the commonwealth attorney.

Swearing the Grand Jury Witness to Secrecy

Pennsylvania Criminal Procedure Rule 556.10 provides that a grand jury witness may disclose his or her testimony before the grand jury, unless the attorney for the commonwealth obtains an order from the supervising judge that directs otherwise.