Request By:
Honorable Carroll M. Redford, Jr.
Commonwealth's Attorney
202 East Washington Street
Glasgow, Kentucky 42141
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: James H. Barr, Assistant Attorney General
This is in response to your recent letter in which you request an opinion as to whether or not a grand jury is required to furnish a written report to the Court whenever a no bill of indictment is returned.
Our research discloses that the only time the foreman of the grand jury must make a written report of a no bill to the Court is when the defendant had been held to answer to the Court. RCr 5.22. The purpose of this requirement of notification is so that the court can order a discharge of the defendant and exonerate him from any bail requirements.
If the defendant had not been held to answer to the Court, then there is no requirement of notification. In fact, under RCr 5.24 the grand jurors are required to keep secret any proceedings of the grand jury unless directed by the Court preliminary to or in connection with a judicial proceeding. Thus, if a no bill has been returned and the defendant had not been held to answer to the Court, no report should be made to the Court by the grand jury. Honorable Carrol M. Redford, Jr.
Hoping that this advice will be of assistance to you.