OUJI-CR 12-7

GRAND JURY -- SECRECY OF PROCEEDINGS

Every member of the grand jury must keep secret whatever was said or how any juror voted on any matter before it.

It is a criminal offense for a grand juror to disclose the testimony of a witness examined before the grand jury, except when required by the Court in a legal proceeding; or for a grand juror or other official to disclose that an Indictment for a felony has been presented until the Defendant's arrest.

You cannot be questioned for anything you say or any vote you give in the grand jury on any matter before the jury, except for perjury of a juror in making an Accusation or giving testimony to other jurors.

No one is allowed at your sessions except the members of the grand jury, the attorney(s) for the State, the Court Reporter, the witness actually under examination, one (1) attorney to advise such witness, when such witness so requests, and, when necessary, during the examination of a witness, an interpreter.

No one, except members of the grand jury, shall be permitted to be present during your deliberations or voting.

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Statutory Authority: 22 O.S. 1991, §§ 340-344.

Committee Comments

The Oklahoma Court of Criminal Appeals discussed the secrecy of grand jury proceedings in In re Proceedings of Multicounty Grand Jury, 847 P.2d 812 (Okl. Cr. 1993). It held that the traditional secrecy of grand jury proceedings extended to witness immunity hearings, and that neither the public nor the media should be allowed to be present at witness immunity hearings in connection with grand jury proceedings.