Grand jury; formation, organization and other matters preliminary to assumption of duties

§ 190.20 Grand jury; formation, organization and other matters

preliminary to assumption of duties.

1. The mode of selecting grand jurors and of drawing and impaneling
grand juries is governed by the judiciary law.

2. Neither the grand jury panel nor any individual grand juror may be
challenged, but the court may:

(a) At any time before a grand jury is sworn, discharge the panel and
summon another panel if it finds that the original panel does not
substantially conform to the requirements of the judiciary law; or

(b) At any time after a grand juror is drawn, refuse to swear him, or
discharge him after he has been sworn, upon a finding that he is
disqualified from service pursuant to the judiciary law, or incapable of
performing his duties because of bias or prejudice, or guilty of
misconduct in the performance of his duties such as to impair the proper
functioning of the grand jury.

3. After a grand jury has been impaneled, the court must appoint one
of the grand jurors as foreman and another to act as foreman during any
absence or disability of the foreman. At some time before commencement
of their duties, the grand jurors must appoint one of their number as
secretary to keep records material to the conduct of the grand jury's
business.

4. The grand jurors must be sworn by the court. The oath may be in any
form or language which requires the grand jurors to perform their duties
faithfully.

5. After a grand jury has been sworn, the court must deliver or cause
to be delivered to each grand juror a printed copy of all the provisions
of this article, and the court may, in addition, give the grand jurors
any oral and written instructions relating to the proper performance of
their duties as it deems necessary or appropriate.

6. If two or more grand juries are impaneled at the same court term,
the court may thereafter, for good cause, transfer grand jurors from one
panel to another, and any grand juror so transferred is deemed to have
been sworn as a member of the panel to which he has been transferred.