Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 612
Hawaii Revised Statutes

Haw. Rev. Stat. § 612-58 (2025)

  Grand jury proceedings

✓ laws through the 2025 session: the 2026 session is not included
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     §612-58  Grand jury proceedings.  (a)  Each grand jury proceeding conducted under the authority of the State shall be provided with access to grand jury counsel.

     (b)  The deliberation and the voting of the grand jury shall be private; provided that the grand jury may interrupt its deliberation or voting in order to call in the grand jury counsel for the purpose of making specific inquiries of counsel or may transmit written inquiries to counsel from the privacy of its deliberation or voting, but all such inquiries shall be restricted to matters of law.

     (c)  All inquiries made by the grand jury of the grand jury counsel and all exchanges between them shall be recorded verbatim and made part of the record of the grand jury proceedings. [L 1980, c 209, §9; am L 1982, c 101, §3]

 

Case Notes

 

  At outset of each session, grand jury counsel must note presence on record and give instructions on procedures to summon for consultation; grand jury counsel need not be physically present throughout proceeding.  64 H. 197, 638 P.2d 309 (1981).

  Given that appellant was indicted prior to enactment of this part, indictment was not defective for absence of grand jury counsel.  64 H. 363, 641 P.2d 320 (1982).

 

 

Notes of Decisions
Cited in 1 case, 1981–1981 · leading case: State v. Kahlbaun, 638 P.2d 309 (Haw. 1981).
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State v. Kahlbaun, 638 P.2d 309 (Haw. 1981). · cites it 2× “7 See HRS § 612-58(c). Additionally,, the independent grand jury counsel should be in close proximity to the grand jury.”
Haw. Rev. Stat. § 612-58(c): 1 case
State v. Kahlbaun, 638 P.2d 309 (Haw. 1981). “7 See HRS § 612-58(c). Additionally,, the independent grand jury counsel should be in close proximity to the grand jury.”
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