Investigative Grand Jury

• Citizen-Initiated Petition
• FAQ

Historically, the grand jury was understood as an independent body of citizens with authority not only to return indictments, but also to investigate matters of public concern, including the conduct of government. For a detailed discussion of this historical understanding, see this article.

In Alaska, the Investigative Grand Jury is addressed in the Constitution and the Criminal Rules of Procedure.  Article 1, Section 8 of the Constitution provides that the grand jury has the power to investigate matters of public welfare and safety, and the procedures governing Investigative Grand Juries in Alaska are set out in Alaska Criminal Rule 6.1.

An Investigative Grand Jury examines suspected, systemic wrongdoing or other issues of public welfare or safety. Once requested and impaneled, an Investigative Grand Jury may develop findings and issue public reports, promoting transparency, accountability, and public trust.

Authority and Types of Grand Juries

There are two separate functions of Grand Juries in Alaska:

1. A Criminal Grand Jury is used to ensure there is sufficient evidence to charge a person with a felony crime (i.e., the issuance of an indictment), or
2. An Investigative Grand Jury investigates and makes recommendations concerning matters of public welfare or safety (i.e., the issuance of a report).

This page addresses citizen-initiated Investigative Grand Jury requests under Criminal Rule 6.1(c). It does not address criminal grand juries under Rule 6 or juror-initiated investigations under Rule 6.1(b).

An issue involves public welfare or safety when:

1. the investigation of the issue is necessary to further a public policy of the state;
2. the outcome of the investigation could reasonably be expected to benefit many people; and
3. investigation of the issue is necessary because it involves a matter of general importance to many people rather than to a single individual or a small group of individuals.”

Commentary to Alaska R. Crim P.  6.1(a), Supreme Ct. Order 1993, at 4

“[F]or example, systemic issues or an ongoing, recurring issue impacting the public welfare or safety … could be within the scope of [an Investigative] [G]rand [J]ury. But purely private matters such as, for example, an investigation into any individual court case of any type (whether currently open or closed), or an investigation into the Department of Law’s decision not to prosecute a particular incident as a crime, or an investigation into any private dispute between or among citizens that could appropriately be the basis for a civil or other court case, are not generally matters of public welfare or safety within the scope of a Grand Jury’s investigative authority.” Commentary to Alaska R. Crim P 6.1 (a).

Examples may include systemic or recurring issues affecting the public. Purely private disputes, individual court cases, or decisions whether to prosecute a specific incident are generally outside the scope of an Investigative Grand Jury.

A citizen who believes a matter of public welfare or safety warrants investigation may submit a request to the Attorney General under Criminal Rule 6.1(c).

The request must involve a matter affecting the public at large—not a private dispute or individual case.

Special Considerations

Once a petition is filed, the role of the citizen requester with the Investigative Grand Jury may be limited. For example, the citizen requester

• does not have a right to attend or direct the grand jury investigative proceedings (a requester’s involvement will be determined by the Investigative Grand Jury); and
• does not have the right to provide testimony (the Investigative Grand Jury will decide who provides testimony).

Petition Process Overview

Submitting a petition

1. Fill out all sections of the Citizen-Initiated Petition for Investigative Grand Jury. This form is not a court form.
2. Include a detailed description of your concern and how it impacts a matter of public welfare or safety. Generally, issues must be systemic, ongoing, or recurring. You should upload relevant documentation you have in relation to this matter.
3. If you have any questions about the form, or you need an accommodation, please contact us via U.S. mail at:

1031 West 4th Avenue, Suite 200,
Anchorage, AK 99501.

We can also be reached by email at: investigativegrandjury@alaska.gov.

Anything that you submit, including any information that identifies you or that is about anyone else that becomes part of a grand jury proceeding may be disclosed to the public unless it is otherwise protected under state or federal law.

As a general rule, the Attorney General’s office will assign a prosecutor to review the petition. The prosecutor will review the facts, the allegations, and the applicable law. Where necessary, the prosecutor will consult with civil attorneys on issues that fall outside the criminal sphere. The prosecutor and, where appropriate, the civil attorney will present the matter to the grand jury in due course and consistent with criminal rule 6.1.

In certain cases, and to avoid a conflict of interest, the Attorney General may determine it is appropriate to delegate review of a petition to a lawyer outside the Department of Law.