Rule 12.2 Empaneling the grand jury and petit juries.

Committee Comments

Rule 12.2(a) reflects the requirements of Ala.Code 1975, § 12-16-74, which provides for empaneling and organizing the grand jury.

The Alabama Supreme Court held in Petty v. State, 224 Ala. 451, 140 So. 585 (1932), that when a grand jury is organized, it is presumed to continue until the half-yearly endings of the term, unless discharge by an order of the court. See also Oliver v. State, 232 Ala. 5, 166 So. 615 (1936); Riley v. State, 209 Ala. 505, 96 So. 599 (1923). When the judge orders a special session of the court and a corresponding special grand jury, such order operates to dissolve or discharge the first grand jury. Petty v. State, supra. Ala.Code 1975, § 12-16-190, provides that if the grand jury completes its business, it may, at the discretion of the court, recess, subject to recall by the judge of the circuit court or the Chief Justice of the Supreme Court.

Section (b) allows empaneling of the grand jury for a special term of court and provides for the empaneling of additional grand juries if such is required. Ala.Code 1975, § 12-16-190, provides that each county must have at least two grand juries annually. Counties of over 50,000 population must have a minimum of four grand juries per year.

Section (c) is taken directly from Ala.Code 1975, § 12-16-207(b). Section (d) provides that after selection of grand jurors, the rest of the venire shall be randomly compiled on a master strike list for service as petit jurors in both civil and criminal cases. This combining of jurors for civil and criminal trials comports with present practice and is consistent with Rule 47(b), Ala.R.Civ.P. It is discretionary and permits flexibility from one circuit to the other.