STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Criminal Rule 6.3. Secrecy and Confidentiality of Grand Jury Proceedings

(a)  Who May be Present at Grand Jury Sessions. The grand jury may, at all reasonable times, request the presence and advice of the district judge; but, unless advice is asked, the district judge must not be present during any session of the grand jury after it has been impaneled. No other person may be permitted to be present during the sessions of the grand jury except:

(1)  jurors of the grand jury;

(2)  the prosecuting attorney of the county in which the grand jury is sitting, or a designated deputy or specially appointed deputy;

(3)  a witness physically present before the grand jury and under questioning;

(4)  a supporting person for a child witness requested by the prosecuting attorney as authorized by Idaho Code § 19-3023;

(5)  the person designated by the district judge or the presiding juror to report the proceedings; and

(6)  an interpreter designated by the district judge or presiding juror and sworn to correctly interpret the proceedings and sworn to secrecy.

(b)  Presence of Persons During Jury Deliberations Prohibited. No person other than the acting grand jurors may be present during the deliberations of the grand jury.

(c)  Secrecy of Proceedings and Disclosure. Every member of the grand jury must keep secret whatever was said or done in the grand jury proceedings and the vote of each grand juror on a matter before them; but a grand juror may be required by the district judge to disclose matters occurring before the grand jury which may constitute grounds for dismissal of an indictment or grounds for a challenge to a juror or the array of jurors. No other person present in a grand jury proceeding may disclose to any other person what was said or done in the proceeding, except by order of any court for good cause shown.

(d)  Disclosure of Indictment. The court may seal the indictment and, while sealed, no person may disclose the finding of the indictment.

(Adopted February 22, 2017, effective July 1, 2017.)