Investigative Grand Jury FAQ
What is an Investigative Grand Jury?
The Investigative Grand Jury consists of 12-18 individuals convened by the Court to investigate matters of public welfare or safety.
What is a Criminal Grand Jury?
A criminal grand jury consists of 12-18 members convened regularly by the Court to determine whether an accused should be indicted for a felony offense.
How is an Investigative Grand Jury convened?
The Court controls the process of convening grand juries.
How often are Investigative Grand Juries convened?
Investigative Grand Juries have been convened infrequently, as per the Alaska Court System website. Since 1959, Investigative Grand Juries have issued only a small number of public reports regarding public welfare and safety.
What is the primary responsibility of an Investigative Grand Jury?
The Investigative Grand Jury's primary authority is to independently investigate complaints concerning public welfare or safety. The Investigative Grand Jury is constitutionally authorized to make recommendations in the form of a report that may be disseminated following the conclusion of an investigation.
A report to the public, if issued by the grand jury, may contain recommendations for government accountability and efficiency.
Who may request the Investigative Grand Jury?
If a citizen of Alaska believes that a matter of public welfare or safety necessitates an investigation, he or she may request that an Investigative Grand Jury be convened. Citizens submit requests on a form that has been approved and distributed by the Attorney General's Office. In addition, a sitting grand juror may also request an investigation on a matter of public welfare or safety in accord with Criminal Rule 6.1 (b).
Do citizens have a right to a grand jury investigation?
The Alaska Constitution grants Grand Juries the constitutional power to investigate, to conduct investigations, to make recommendations, and to issue reports on matters pertaining to public welfare and safety. Although an Investigative Grand Jury may be requested, an investigation may ultimately not occur. For example, a request may not meet the threshold requirements, or the grand jury may decide not to pursue the investigation. Additionally, a Grand Jury may choose to investigate but then choose not to issue a report.
What kinds of matters are generally within the scope of an Investigative Grand Jury?
The Investigative Grand Jury possesses the authority to examine issues related to public welfare or safety. However, it may not be used to investigate purely private matters. The power of an Investigative Grand Jury is safeguarded by the Alaska Constitution and shall remain in effect without suspension. Alaska Constitution, Article 1, Section 8. Public welfare and safety issues may engage local governments, state government entities (including agencies, departments, and officials), law enforcement, state correctional and residential facilities, as well as state universities and school districts.
Do grand jury investigations allow citizens to relitigate court case outcomes they do not like?
No. According to the Constitution, allegations brought by citizens for investigation must be related to public welfare or safety. Specifically, a grand jury investigation might focus on systemic problems or a persistent, recurrent problem that affects the public at large. Purely private matters, such as an investigation into an individual’s court case, are outside the purview of a grand jury's investigative authority. Other examples outside of the Investigative Grand Jury’s authority include the Department of Law’s exercise of prosecutorial discretion over a particular incident, or private disputes between citizens that could legitimately serve as the basis for a civil, administrative, or other court case.
If private litigants believe a judge made a legal error and they are dissatisfied with the outcome of their court case, they can use the current court process within that case to file an appeal or move for reconsideration of a decision. Also, citizens can file complaints with the Alaska Commission on Judicial Conduct or seek remedies through the applicable ethics complaint processes at the state or local level.
Are there any matters that an Investigative Grand Jury does not consider?
The Investigative Grand Jury lacks jurisdiction or authority to conduct investigations into federal agencies or federal officials. Additionally, it does not possess the power to oversee judicial performance or modify unfavorable court decisions. The Investigative Grand Jury has no authority to offer judicial review over cases that are currently pending in any court or the subject of an administrative proceeding. Issues of this kind should be addressed through the designated appeal process.
How do I request an investigation?
To request an Investigative Grand Jury on a matter of public welfare or safety, a citizen-initiated petition form approved by the Attorney General's Office must be completed and submitted to the Attorney General.
What happens at the end of a Grand Jury investigation?
The Grand Jury may provide a report containing recommendations regarding the subject of its investigation. According to court rules, if the Investigative Grand Jury elects to issue a public report, it may present the report to the presiding judge of the judicial district who will determine whether the report may be released.
When grand jury reports are made public, they will be accessible to citizens on this website.
Following a Grand Jury investigation, how are reports and recommendations made available to the public?
All grand jury reports are subject to judicial review pursuant to Criminal Rule 6.1. A court will balance a named individual's reputational interest and the guarantee of due process against the public’s need of the information prior to a report’s publication.
