In Re: Application of Shapiro
In Re: Application of Shapiro
Opinion
lN THE SUPREN|E COURT OF PENNSYLVAN|A WESTERN DlSTR|CT iN RE: APP|_iCAT|ON OF JOSH 2 No. 71 VV|VI 2017 SHAPERO, ATTORNEY GENERAL OF THE COM[V|ONVVEALTH OF PENNSYI_VAN|A, REQUEST|NG AN ORDER DlRECT|NG THAT AN /-\DDlT|ONAL iViULT|COUNTY |N\/ESTlGATlNG GRAND JURY HA\/lNG STATE\N|DE JUR|SD[CT|ON BE CONVENED ORDER AND NOW, this 15th day of September, 2017, upon consideration of the Appiication of Josh Shapiro1 /-\ttorney Generai of the Cornmonwealth of Pennsyivania, and it appearing to the Court that the granting of the Appiication is appropriate under the investigating Grand Jury Act, 42 Pa.C.S. §§ 4541 et seq., it is hereby ORDERED as foilovvs: i. The Attorney General’s Appiication requesting an Order directing that an additional multicounty investigating grand jury having statewide jurisdiction (“Forty-Third Statewide investigating Grand Jury”) be convened is hereby GRANTED.
2. The l-ionorable Norman A. Krumenacl<er, ili, Judge of the Court of Common Pieas, i-'orty-Seventh Judiciai District, Carnbria County1 Pennsyivania, is hereby designated as Supervising Judge of the Forty-Third Statevvide investigating Grand Jury. Aii applications and motions relating to the Wori< of the Forty-Third Statevvide investigating Grand Jury-_inciuding motions for disciosure of grand jury transcripts and evidence-shaii be presented to the Supervising Judge. With respect to investigationsl presentments, reports, and ali other proper activities of the Forty-Third Statewide investigating Grand Jury, Judge Krumenacker, as Supervising Judge, shall have jurisdiction over ali counties throughout the Commonweaith of Pennsyivania.
Judge Krumenaci<er may temporarily designate another jurist who has been appointed by this Court as the Supervising Judge of a multicounty investigating grand jury having statewide jurisdiction to serve as Acting Supervising Judge of the Forty-Third Statewide investigating Grand Jury when Judge Krumenacker is absent or otherwise unavailab!e.
3. Aiiegheny County is designated as the location for the Forty-Third Statewide investigating Grand Jury proceedings 4. `i'he Court Administrator of Pennsylvania is directed to draw six counties at random from the Western District of Pennsyivania pursuant to the provisions of Ruie (A)(i) of the Pennsyivania Ruies of Crimina| Procedure, and these six counties, plus Aiiegheny, shall together supplyjurors for the Forty-Third Statewide investigating Grand Jury.
5. The Court Administrator of Pennsyivania is directed to obtain the names and addresses of persons residing in the aforesaid counties who are eiigibie by law to serve as grand jurors pursuant to the provisions of Ruie 241(A)(2) of the Pennsyivania Ruies of Criminai Procedure.
6. The total of such names of prospective jurors to be collected shall be two hundred, of which fifty shall be selected at random and summoned by the Court Administrator of Pennsyivania to Aliegheny County. The Supervising Judge shaii impanel the Forty-Third Statewide investigating Grand Jury from this panel of fifty prospective jurors. if it becomes necessary, additional prospective jurors shall be [7i VV|`\/i 2017] - 2 summoned by the Supervising Judge from among the remaining one hundred fifty prospective jurors 7. The Forty-Third Statewide investigating Grand Jury wiii remain in session for not more than eighteen months following the date that it is impaneled by the Supervising Judge.
8. The Attorney Generai of the Commonwealth of Pennsylvania, or his designee in charge of the Forty-Third Statevvide investigating Grand Jury, may apply, if necessary, to the Supervising Judge for an extension of the term of the Forty-Third Statewide investigating Grand Jury for an additional period of up to six monthsl if, at the end of its original term, the investigating Grand Jury determines by majority vote that it has not completed its business 'i`he Forty-Third Statewide investigating Grand Jury’s term, including any extension thereof, shall not exceed twenty-four months from the date it was originally impaneled by the Supervising Judge.
9. in addition to maintaining control of transcripts and evidence as provided by Ruie 229 of the Pennsyivania Ruies of Criminai Procedure and controlling disciosure of matters occurring before the Forty-Third Statewide investigating Grand Jury as provided by 42 Pa.C.S. § 4549, the Supervising Judge shall have the same duties and powers relating to maintaining grand jury secrecy with respect to each prior Statewide investigating Grand Jury convened in Allegheny County or any other county identified in Ruie 241(0)(4) of the Pennsyivania Ruies of Criminai Procedure.
Oi\/lAS G, SAYL Chief Justice of Pennsyivania [71 V\i'i\/l 2017] ~ 3
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