Investigative Grand Jury

• The Investigative Grand Jury Under Criminal Rule 6.1 (c)
• Citizen-Initiated Requests
• Policy and Procedure
• Citizen-Initiated Petition
• FAQ

Alaskan residents now have a more accessible and transparent process to request that an Investigative Grand Jury look into suspected, systemic wrongdoing or other issues of public welfare or safety.

Once requested and impaneled, an Investigative Grand Jury can provide valuable information to ensure government integrity, public trust, and efficiency. The potential for an Investigative Grand Jury to issue public reports ensures that findings can be broadly disseminated, fostering greater transparency and accountability for public institutions.

"The Alaska Constitution guarantees that an Investigative Grand Jury will have the authority to investigate matters of public welfare or safety, and this right shall never be suspended. These new guidelines and an open, transparent process ensure that every citizen can share the responsibility to safeguard our community in matters of public welfare or safety." Alaska Attorney General Treg Taylor

The following process invites Alaskans who are not currently serving as grand jurors to request a Grand Jury Investigation when necessary to promote public welfare or safety.

The Investigative Grand Jury Under Criminal Rule 6.1 (c)

The authority for a Grand Jury is outlined in the Alaska Constitution, Article 1, Section 8. 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, or
2. An Investigative Grand Jury investigates and makes recommendations concerning matters of public welfare or safety. 

The following guidance addresses Investigative Grand Juries (i.e., Grand Juries that investigate complaints regarding Public Welfare and Safety) requested by citizens and by application to the Attorney General under Criminal Rule 6.1(c). This guidance does not address:

• Criminal Grand Juries initiated by prosecutors or jurors under Criminal Rule 6; and
• Investigative Grand Juries that are initiated by a Grand Juror under Rule 6.1(b)(1).

The Investigative Grand Jury is constitutionally authorized to conduct investigations, formulate recommendations, and generate reports related to issues of public welfare or safety. An Investigative Grand Jury may investigate the conduct of officials or assess the proper functioning of public institutions, such as prison systems, and subsequently provide recommendations for improvement.

A citizen-initiated Investigative Grand Jury can yield valuable information to uphold governmental integrity, enhance public trust, and improve efficiency. However, the jurisdiction of an Investigative Grand Jury is limited to matters of public welfare or safety. An Investigative Grand Jury serves the public by either

1. deciding not to pursue further investigation after evaluating the information submitted by the citizen applicant, or
2. conducting an inquiry into matters of public welfare or safety and issuing written recommendations in a Grand Jury Report.

The Role of the Attorney General in Investigative Grand Juries Under Criminal Rule 6.1 (c).

On November 29, 2022, the Alaska Supreme Court issued Supreme Court Order 1993 (“SCO 1993”), which amended Alaska Criminal Rules 6 and 6.1. (See Commentary at ARCP 6 and 6.1). These rules were amended in response to public confusion and questions regarding Grand Juries—specifically, Investigative Grand Juries. The order instructs, in part, stating:

“Decisions as to what to present to the grand jury, including whether to present a matter requested by a citizen to the grand jury for investigation, rest with the executive branch. . . [i]t is up to the Attorney General or designee to review the matter and determine whether an investigation would be a valid and appropriate use of the grand jury’s authority . . .”

Because of SCO 1993, the Attorney General has been assigned by the Alaska Supreme Court as the “gatekeeper” for Investigative Grand Juries. This written guidance and citizen-initiated application are intended to create a clear, repeatable process that is as transparent and as fair as possible under the circumstances. In order for the Attorney General or designee to review the matter and determine whether an investigation by grand jury should proceed, citizens may submit an application with as much information as possible. If an investigation initiated by a citizen to the Attorney General “concerns possible misconduct on the part of the prosecuting attorney or other members, employees, or officials in the Department of Law, such that having the prosecuting attorney oversee the investigation would create an appearance of impropriety or a conflict of interest,” the process to deal with such cases is laid out by the Alaska Supreme Court in paragraphs 6.1(b)(2) and (3) and allows:

• “[t]he Attorney General, in his or her discretion, [to] appoint a neutral prosecutor to assist the grand jury and oversee the preparation of a grand jury report.”
• an individual grand juror to “notify the superior court . . . [and] . . .orally describe the basis for his or her belief to the court in the presence of the grand jury” why the prosecutor should be dismissed or reassigned.

In certain cases, it may be appropriate to delegate oversight of an investigation outside the Department of Law to avoid conflicts of interest.  

Citizen-Initiated Requests for an Investigative Grand Jury

Citizens may initiate inquiries into public welfare and safety in the form of an Investigative Grand Jury. See Criminal Rule 6.1. This website provides guidance to citizens who are not currently serving as a grand juror and who believe a matter of public welfare or safety requires investigation by a Grand Jury.

Importantly, a citizen may only petition the Attorney General (or designee) to investigate allegations of public welfare or safety. For a definition of what is meant by “Public Welfare or Safety” and what types of cases fall within that definition, please see below.

Public Welfare or Safety Standard

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 a Grand Jury’s investigative authority.” Commentary to Alaska R. Crim P 6.1 (a), Supreme Ct. Order No. 1993, at 4.

Responsibilities of Citizen Requester

A citizen with a claim that meets the public welfare or safety standard set out in Criminal Rule 6.1 may submit a petition on the Department of Law’s approved form.

Citizen-initiated petitions must meet the following requirements:

• include all documents and evidence the petitioner has in support of the request along with a signed, notarized form specified by the Attorney General’s Office (See Citizen-Initiated Petition for Investigative Grand Jury);
• attach evidence and assert facts in the petition that are true and accurate to the best of the requester's knowledge.
• include a statement that the request for an Investigative Grand Jury relates to a matter of public welfare or safety as defined in Alaska Criminal Rule 6.1(a);
• include all necessary information with the request; and,
• no additional information will be accepted following submission unless additional information is requested by the Department of Law.

Responsibilities of the Department of Law

Once a complete request is received, receipt will be acknowledged by the Attorney General’s Office. Exhibits or supporting documents attached to a citizen’s petition shall become property of the Department of Law, and in the event an Investigative Grand Jury is impaneled, will become property of the Investigative Grand Jury. Petitions will not be returned to citizens. If a citizen desires to keep a copy of the petition or materials attached to it, he or she should make copies before submitting the documents to the Department of Law.

The Attorney General or designee shall conduct an initial screening of all citizen-initiated requests for ordinary compliance with Criminal Rule 6.1. The petition may be declined if it is incomplete.

If it is determined that the petition has all of the necessary information, the Attorney General or designee shall delegate a review of the petition to a committee constituted of members of the civil and criminal divisions of the Department of Law, who will evaluate and review the petition and submitted evidence and make a recommendation to the Attorney General or designee whether the matter should be referred to a Grand Jury for investigation. At this point in the process, a petition should be declined if:

1. the matter does not meet the public welfare or safety standard pursuant to Criminal Rule 6.1;
2. there is a related matter pending in court;
3. alternative administrative remedies designed for such matters are in process or have not yet been exhausted;
4. the petition seeks to investigate matters that are materially the same as matters previously presented to an Investigative Grand Jury; or
5. the investigation requested is directed at the actions of the federal government.

If the matter is accepted and referred to an Investigative Grand Jury, the Attorney General may require that the matter be referred to outside counsel to assist the Investigative Grand Jury:

1. to avoid the appearance of impropriety,
2. to avoid conflict of interest, or for
3. any other reason deemed appropriate by the Attorney General.

The decision of the Attorney General whether to refer the matter to an Investigative Grand Jury is final.

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). 

Policy and Procedure: Department of Law Review of a Citizen-Initiated Request for an Investigative Grand Jury

Initial Screening Review of Citizen-Initiated Requests; Time

1. Within 20 business days of receipt of a citizen-initiated request for an Investigative Grand Jury, the criminal and civil division directors or their designees shall determine whether the citizen’s petition has supplied the necessary information on the Department of Law approved form.
2. If the citizen requester has supplied all necessary information, the matter shall be referred to an independent committee of qualified attorneys formed by the criminal and civil division directors (see below, Committee to review; Referral).
3. An initial screening under this section is only a preliminary determination and shall not predetermine whether an Investigative Grand Jury will be impaneled.
4. If the civil and criminal division directors or designees conclude that the petition does not contain the necessary information, as requested in the Department of Law approved petition, the citizen requestor shall receive notice that the petition was rejected.

Committee to Review; Referral

1. After an initial screening of a citizen-initiated complaint, the civil and criminal division directors or their designees shall appoint three (3) Department of Law attorneys who serve in sections unrelated to any issue raised in the citizen requester’s petition and are employed by the State of Alaska Department of Law to serve on an independent committee to review the petition.
2. The independent committee shall be comprised of attorneys from both the civil and criminal divisions. The ratio of criminal and civil division attorneys shall alternate every time a new petition is received and after a new committee is formed.
3. As soon as practicable, and once the independent committee is convened, the Attorney General or designee shall notify the citizen requester that the citizen’s petition will be considered by the independent committee.
4. The primary responsibility of the independent committee is to review and evaluate the petition and evidence to make a recommendation to the Attorney General on whether the citizen requester’s petition should be referred to an Investigative Grand Jury for further investigation.
5. The citizen requester shall not be permitted to participate in any decision by the independent committee established by the Attorney General’s office.
6. If appointed to a committee, attorney committee members must immediately identify any potential conflicts of interest to ensure compliance with the rules of professional responsibility. If a conflict exists, a new attorney committee member will be assigned.

Committee Meeting, Evaluation, and Recommendation by Committee to the Attorney General

1. The independent committee of attorneys shall review the citizen requester’s petition and all materials submitted by the citizen requester and determine whether there is a reasonable basis to believe that (a) the matter proposed concerns the public welfare or safety and is within the grand jury's authority as described in Crim. R. 6.1 (a) and (b) the proposal is not patently groundless, made for purposes of delay or harassment, or otherwise proposed in bad faith. The Department of Law shall, within a reasonable time considering resources, decide whether the citizen requester’s petition sufficiently alleges a matter of public welfare or safety that should be investigated by an Investigative Grand Jury.
2. The independent committee may request further information from the citizen requester who submitted the petition in a manner determined by the independent committee.
3. The independent committee is not limited to review of the materials submitted and can supplement the citizen requester’s petition with its own research.
4. The independent committee shall decide by a majority vote whether the matter proposed by the citizen requester should be the subject of an investigation. The vote and outcome shall be submitted to the Attorney General in writing.
5. Unless good cause exists to extend the time due to the scope and volume of materials necessary for the independent committee to complete its review of the citizen requester’s petition, the independent committee shall provide the Attorney General or designee with a written recommendation on whether the complaint should be referred to an Investigative Grand Jury in whole or in part within 90 days. If a request to extend the timeline is received, the Attorney General or designee shall decide whether to grant the extension.
6. The independent committee’s recommendation to impanel an Investigative Grand Jury must state the basis for the recommendation and articulate that the citizen requester’s petition is not a personal or private matter but is one that impacts public welfare or safety.

Other Miscellaneous Provisions

Attorney General Decision

Within 10 business days of receipt of the committee’s written recommendation, the Attorney General or designee shall review the recommendations and issue written notice to the citizen requester that the Attorney General will or will not recommend an Investigative Grand Jury. The Attorney General or designee must consider the committee’s recommendation but is not required to accept the recommendation of the independent committee in whole or in part.

Conflict/Recusal

Any attorney participating in a review of a citizen-initiated petition for an Investigative Grand Jury must confirm that there are no personal, financial, or professional conflicts of interest that could impede the attorney’s ability to reach an independent decision on the citizen requester’s petition. If at any time during the committee process, an attorney involved in this process identifies a conflict, the attorney shall promptly notify a division director or the Attorney General or designee and recuse himself if requested or deemed appropriate.  

Use of Outside Counsel

If a referral is made to recommend an Investigative Grand Jury on a citizen requester’s petition, the Attorney General may decide, in the event of a conflict of interest, or for any other reason, to hire outside counsel to advise the Investigative Grand Jury. Outside counsel hired to advise the Investigative Grand Jury must have the following qualifications:

1. Be a licensed attorney in good standing to practice law in Alaska.
2. The attorney has not been employed by the Department of Law for at least six months.
3. The attorney does not have a financial, personal, or professional interest in the subject of the investigation.

Experience conducting Grand Jury investigations is preferred, but it is not required. 

Confidentiality of Names, Addresses, and Contact Information.

1. The following items are confidential (not subject to public review) during any phase of the citizen-initiated Investigative Grand Jury process and will be redacted from applicable documents:
   1. The names and addresses of individuals who are named in a citizen-initiated complaint.
   2. The names and addresses of the independent attorneys who are appointed to the independent committee to evaluate the criteria of a citizen-initiated petition.
   3. The written recommendation of the independent committee to the Attorney General whether to impanel an Investigative Grand Jury on a citizen-initiated petition; and
   4. Any other names or addresses that would otherwise be redacted or held back under the Alaska Public Records Act.
2. Notwithstanding this section, the citizen’s petition and any material related to claims referred to the Investigative Grand Jury by the Attorney General shall be forwarded in their original form to appointed counsel and to the Investigative Grand Jury for their consideration and use in their official duties as part of ongoing Investigative Grand Jury proceedings.