Legal counsel for certain persons who appear before grand jury.
1. A person whose indictment the district attorney intends to seek or the grand jury on its own motion intends to return may be accompanied by legal counsel during any appearance before the grand jury.
2. The legal counsel who accompanies a person pursuant to subsection 1 may advise his client but shall not:
(a) Address directly the members of the grand jury;
(b) Speak in such a manner as to be heard by the members of the grand jury; or
(c) In any other way participate in the proceedings of the grand jury.
3. The court or the foreman of the grand jury may have the legal counsel removed if he violates any of the provisions of subsection 2 or in any other way disrupts the proceedings of the grand jury.
4. The district attorney or the foreman of the grand jury shall give a person entitled to legal counsel notice of the provisions of this section at the time he is served with a subpoena to appear before the grand jury. If such a person is invited without process to appear, the grand jury shall include with the invitation notice of the provisions of this section.
Last modified: February 25, 2006