Target witnesses; right to counsel; removal of attorney
Sec. 5.5. (a) A target subpoenaed under section 5 of this chapter
is entitled to the assistance of his attorney when the person is
questioned in the grand jury room, subject to this section.
(b) The target's attorney:
(1) must take an oath of secrecy administered by the foreman;
(2) while in the grand jury room may not, without first
obtaining the consent of the prosecutor and the foreman:
(A) address the grand jury or the prosecuting attorney;
(B) make objections or arguments;
(C) question any person; or
(D) otherwise participate in the proceeding; and
(3) may advise the client so long as the conversation is not
overheard by any member of the grand jury.
(c) The court that impaneled the grand jury may remove any
attorney from the grand jury room and may find him to be in
contempt of court if the attorney has violated the requirements of
subsection (b) or has otherwise disrupted or unnecessarily delayed
the grand jury proceeding.
As added by P.L.170-1984, SEC.3.
Last modified: May 24, 2006