19-1117. SPECIAL INQUIRY JUDGE — PETITION FOR ORDER. (1) When the prosecuting attorney of any county has reason to suspect crime or corruption, within his jurisdiction, and there is reason to suspect that there are persons who may be able to give material testimony or provide material evidence concerning such suspected crime or corruption, such attorney may issue subpoenas directed to such persons commanding them to appear at a designated time and place in said county before the special inquiry judge and to then and there answer such questions under oath concerning the suspected crime or corruption as may be asked by the prosecuting attorney or special inquiry judge.
(2) At any time after service of such subpoenas and before the return date thereof, the prosecuting attorney may apply to the special inquiry judge for an order vacating or modifying the subpoena on the grounds that such is in the public interest. Upon such application, the court may in its discretion vacate the subpoena, extend its return date, attach reasonable conditions to directions, or make such other qualification thereof as is appropriate.
(3) The proceedings to summon a person and compel him to testify or provide evidence shall as far as possible be the same as proceedings to summon witnesses and compel their attendance. Such persons shall receive only those fees paid witnesses in district court criminal trials.
History:
[19-1117, added 1980, ch. 251, sec. 2, p. 661.]
Structure Idaho Code
Chapter 11 - POWERS AND DUTIES OF GRAND JURY
Section 19-1101 - POWERS AND DUTIES IN GENERAL.
Section 19-1102 - PRESENTMENT DEFINED.
Section 19-1103 - INDICTMENT DEFINED.
Section 19-1104 - FOREMAN MAY ADMINISTER OATHS.
Section 19-1105 - EVIDENCE RECEIVABLE BY GRAND JURY.
Section 19-1106 - EVIDENCE FOR DEFENDANT.
Section 19-1107 - SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT.
Section 19-1108 - DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE.
Section 19-1110 - ACCESS TO PRISONS AND PUBLIC RECORDS.
Section 19-1111 - WHO MAY BE PRESENT AT SESSIONS OF JURY.
Section 19-1112 - PROCEEDINGS TO BE SECRET.
Section 19-1113 - JUROR NOT TO BE QUESTIONED.
Section 19-1116 - SPECIAL INQUIRY JUDGE.
Section 19-1117 - SPECIAL INQUIRY JUDGE — PETITION FOR ORDER.
Section 19-1118 - SPECIAL INQUIRY JUDGE — DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS.
Section 19-1120 - WITNESSES — ATTENDANCE.
Section 19-1121 - SELF-INCRIMINATION — RIGHT TO COUNSEL.
Section 19-1122 - SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE.
Section 19-1123 - SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE.