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.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 34. Bringing Criminal Charges
Chapter 2. Grand Jury and Special Grand Jury
35-34-2-2. Number; Impaneling; Scope of Function and Authority; Convening
35-34-2-4. Conduct of Proceedings
35-34-2-5. Subpoenas; Contents; Failure to Obey; Contempt
35-34-2-5.5. Target Witnesses; Right to Counsel; Removal of Attorney
35-34-2-6. Motion to Quash Subpoena Duces Tecum; Use Immunity
35-34-2-7. Witnesses; Refusal to Answer; Compelling Testimony
35-34-2-8. Witnesses; Use Immunity
35-34-2-10. Unauthorized Disclosure of Grand Jury Information; Offense; Production of Transcript
35-34-2-11. Access to Local Government Facilities for Care or Custody of Persons
35-34-2-13. Extension of Term; Limitation