Rule 12.5 Foreman of the grand jury.
RULE 12. SELECTION OF VENIRE; THE GRAND JURY AND PETIT JURY PANELS
Rule Text
(a) APPOINTMENT AND POWERS. The court shall appoint the foreman of the grand jury and an acting foreman to serve in the absence of the foreman. The foreman shall preside over the grand jury proceedings and act as the court’s representative by maintaining order, administering oaths, excluding unauthorized persons and persons acting in an unauthorized manner, appointing such officers within the grand jury as are necessary for its orderly functioning, and performing such other duties as may be imposed on the foreman by law or by order of the court.
(b) DUTIES OF FOREMAN. It is the duty of the foreman to:
(1) Preside over the grand jury proceedings;
(2) Issue or cause to be issued subpoenas and subpoenas duces tecum for any witnesses whom the grand jury may require to give evidence, and if witnesses so summoned fail to appear, to endorse the returned subpoenas as defaulted;
(3) Perform the following functions with respect to witnesses appearing before the grand jury;
(i) Swear witnesses before the grand jury or cause them to be sworn by the district attorney or assistant district attorney; and
(ii) Maintain a list of all witnesses summoned and in attendance before the grand jury during each session;
(4) Endorse any indictment returned by the grand jury “A True Bill” and sign his name thereto; and
(5) Submit a written report of the proceedings of the grand jury to the court.
(c) REQUEST FOR CONTEMPT PROCEEDINGS. The foreman may request the court to initiate a contempt proceeding against any person who unlawfully refuses to testify or answer questions asked of that person, or whose conduct violates these rules or disrupts the grand jury proceedings.