Code of Alabama
Ala. Code § 12-16-209 (2026)
Attendance and Duties of District Attorney Before Grand Jury Generally; District Attorney Not to Be Present at Expression of Opinions or Giving of Votes by Grand Jury.
✓ official Alabama Legislature (ALISON) text, current July 2026
The district attorney must attend before the grand jury when required by them, and he may do so whenever he sees fit for the purpose of examining witnesses in their presence or giving them legal advice as to any matter connected with their duties; and he may appear before them at any time to give information as to any matter cognizable by them, but he must not be present at the expression of their opinions or the giving of their votes on any matter before them.
(Code 1852, §552; Code 1867, §4102; Code 1876, §4775; Code 1886, §4359; Code 1896, §5045; Code 1907, §7306; Code 1923, §8688; Code 1940, T. 30, §94.)
Notes of Decisions
Cited in 2
cases, 1979–1987 · leading case: Allen v. State, 380 So. 2d 313 (Ala. Crim. App. 1979).
Allen v. State, 380 So. 2d 313 (Ala. Crim. App. 1979). “" The duties of the district attorney are found in § 12-16-209, Code of Alabama 1975, which reads as follows: "The district attorney must attend before the grand jury when required by them, and he may do so whenever he sees fit for the purpose of examining witnesses in their…”
Hayes v. State, 507 So. 2d 995 (Ala. 1987). “) Further, Code of 1975, § 12-16-214, declares: “The legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of *997 justice that all grand jury proceedings be secret and that the secrecy of such proceedings remain…”
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