§ 4544. Convening multicounty investigating grand jury.
(a) General rule.--Application for a multicounty investigating grand jury may be made by the Attorney
General to the Supreme Court. In such application the Attorney General shall state
that, in his judgment, the convening of a multicounty investigating grand jury is
necessary because of organized crime or public corruption or both involving more than
one county of the Commonwealth and that, in his judgment, the investigation cannot
be adequately performed by an investigating grand jury available under section 4543
(relating to convening county investigating grand jury). The application shall specify
for which counties the multicounty investigating grand jury is to be convened. Within
ten days of receipt of such application, the court shall issue an order granting the
same. Failure by an individual justice to grant such application shall be appealable
to the entire Supreme Court.
(b) Contents of order.--An order issued under subsection (a) shall:
(1) convene a multicounty investigating grand jury having Statewide jurisdiction, or jurisdiction
over all counties requested in the application by the Attorney General;
(2) designate a judge of a court of common pleas to be the supervising judge over such
multicounty investigating grand jury and provide that such judge shall with respect
to investigations, presentments, reports, and all other proper activities of said
investigating multicounty grand jury, have jurisdiction over all counties in the jurisdiction
of said multicounty investigating grand jury;
(3) designate the counties which shall supply jurors and in what ratios;
(4) designate a location or locations for the multicounty investigating grand jury proceeding;
and
(5) provide for such other incidental arrangements as may be necessary including the Commonwealth's
share of expenses.
All matters to be included in such order shall be determined by the justice issuing
the order in any manner which he deems appropriate, except that the Supreme Court
may adopt general rules, consistent with the provisions of this section, establishing
standard procedures for the convening of multicounty investigating grand juries.
(c) Manner of impaneling.--The multicounty investigating grand jury shall be impaneled in the manner provided
or prescribed by law.
(d) Effect on district attorneys.--The impaneling of a multicounty investigating grand jury shall in no way diminish
the responsibility and the authority of the district attorneys within their jurisdictions
to investigate and prosecute organized crime or public corruption or both.
Cross References. Section 4544 is referred to in sections 1906.1, 4547 of this title.
Notes of Decisions
In Re: Return of Seized Prop. of Lackawanna Cty, 212 A.3d 1 (Pa. 2019).
· cites it 14× “See 42 Pa.C.S. §4544(a) (where Attorney General’s application for multicounty grand jury satisfies relevant statutory criteria, the Court shall issue order granting application within ten days).”
Commonwealth v. Sandusky, 203 A.3d 1033 (Pa. Super. Ct. 2019).
· cites it 2× “See 42 Pa.C.S. § 4544. Notice 29 stated that [t]he Pennsylvania State Police are pursuing an investigation based upon a founded Clinton County Children and Youth Services complaint alleging sexual assault by a Centre [C]ounty adult male upon a juvenile male with whom he became…”
In Re the Twenty-Fourth Statewide Investigating Grand Jury, 907 A.2d 505 (Pa. 2006).
· cites it 4× “Jurisdiction of the Supervising Judge In its present jurisdictional challenge, Lancaster Newspapers argues that, pursuant to Section 4544 of the Judicial Code, 42 Pa.C.S. § 4544, a multi-county or statewide investigating grand jury may not be convened to investigate any matters…”
Commonwealth v. Thomas, 506 A.2d 420 (Pa. 1986).
“See 42 Pa.C.S. § 4544. When questioned before the grand jury, appellant denied that he had any knowledge of any individuals involved in drug trafficking and further denied that he personally was involved in such activity.”
Commonwealth v. McCauley, 588 A.2d 941 (Pa. Super. Ct. 1991).
“He argues that because the grand jury was convened pursuant to 42 Pa.C.S. § 4544, Convening multicounty investigating grand jury, the statutory language limited its jurisdiction to investigation of matters of “organized crime” or “public corruption.”
In Re Fortieth Statewide Investigating Grand Jury, 191 A.3d 750 (Pa. 2018).
“In the broader sense, I agree entirely with the learned Majority's astute observation that because the Grand Jury Act incorporates the concept of "supervising judge" into the grand jury process and that this court is given the authority to appoint the supervising judge, 42…”
In Re: Order Amending Rules 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501-1504, 1511-1517, 1531, 1532, 1541-1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 & Adopting Rule (Pa. 2020).
· cites it 2× “The term ‘‘investigating grand jury’’ in paragraph (a) includes a ‘‘multicounty investigating grand jury’’ convened under 42 Pa.C.S. § 4544. The ‘‘independent grounds’’ referred to in paragraph (d) include grounds for relief in the nature of mandamus, prohibition, etc.”
In Re: Order Amending Rules 102, 105, 120, 121, 301, 313, 341, 502, 553, 701, 702, 901, 1311, 1312, 1316, 1323, 1501-1504, 1511-1517, 1531, 1532, 1541-1543, 1551, 1561, 1571, 1573, 1701, 1702, 1704, 1762, 1770, 1781, 1911, 2702, 3307, 3331 & Adopting Rule (Pa. 2020).
· cites it 2× “The term ‘‘investigating grand jury’’ in paragraph (a) includes a ‘‘multicounty investigating grand jury’’ convened under 42 Pa.C.S. § 4544. The ‘‘independent grounds’’ referred to in paragraph (d) include grounds for relief in the nature of mandamus, prohibition, etc.”
Com. v. Batty, J. (Pa. Super. Ct. 2016).
“Because [Batty] did not file a direct appeal, the jury instruction issue is waived for PCRA purposes under 42 Pa.C.S. § 4544. As ____________________________________________ 4 The trial court stated that “it’s granting a new trial without determining whether it was the [c]ourt’s…”
In Re: 40th Statewide IGJ (Pa. 2018).
“8 In the broader sense, I agree entirely with the learned Majority’s astute observation that because the Grand Jury Act incorporates the concept of “supervising judge” into the grand jury process and that this court is given the authority to appoint the supervising judge, 42…”
In Re: Grand Jury Investigation No. 18 (Pa. 2020).
“By distinguishing between the requirements for empaneling a multicounty investigating grand jury, 42 Pa.C.S. § 4544, and the crimes that can thereafter be investigated, 42 Pa.”
— 42 Pa. Cons. Stat. § 4544(a) — 5 cases
Commonwealth v. Sandusky, 203 A.3d 1033 (Pa. Super. Ct. 2019).
“See 42 Pa.C.S. § 4544. Notice 29 stated that [t]he Pennsylvania State Police are pursuing an investigation based upon a founded Clinton County Children and Youth Services complaint alleging sexual assault by a Centre [C]ounty adult male upon a juvenile male with whom he became…”
In Re the Twenty-Fourth Statewide Investigating Grand Jury, 907 A.2d 505 (Pa. 2006).
“Jurisdiction of the Supervising Judge In its present jurisdictional challenge, Lancaster Newspapers argues that, pursuant to Section 4544 of the Judicial Code, 42 Pa.C.S. § 4544, a multi-county or statewide investigating grand jury may not be convened to investigate any matters…”
In Re: Return of Seized Prop. of Lackawanna Cty, 212 A.3d 1 (Pa. 2019).
“See 42 Pa.C.S. §4544(a) (where Attorney General’s application for multicounty grand jury satisfies relevant statutory criteria, the Court shall issue order granting application within ten days).”
In Re Fortieth Statewide Investigating Grand Jury, 191 A.3d 750 (Pa. 2018).
“In the broader sense, I agree entirely with the learned Majority's astute observation that because the Grand Jury Act incorporates the concept of "supervising judge" into the grand jury process and that this court is given the authority to appoint the supervising judge, 42…”
In Re: 40th Statewide IGJ (Pa. 2018).
“8 In the broader sense, I agree entirely with the learned Majority’s astute observation that because the Grand Jury Act incorporates the concept of “supervising judge” into the grand jury process and that this court is given the authority to appoint the supervising judge, 42…”
— 42 Pa. Cons. Stat. § 4544(b) — 1 case
In Re: Return of Seized Prop. of Lackawanna Cty, 212 A.3d 1 (Pa. 2019).
“See 42 Pa.C.S. §4544(a) (where Attorney General’s application for multicounty grand jury satisfies relevant statutory criteria, the Court shall issue order granting application within ten days).”
— 42 Pa. Cons. Stat. § 4544(b)(2) — 1 case
In Re: Return of Seized Prop. of Lackawanna Cty, 212 A.3d 1 (Pa. 2019).
“See 42 Pa.C.S. §4544(a) (where Attorney General’s application for multicounty grand jury satisfies relevant statutory criteria, the Court shall issue order granting application within ten days).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.