The power to formally convene or summon a grand jury rests primarily with the judicial branch of the government, specifically the judges of federal or state courts. While courts hold this official authority, prosecutors heavily influence when and why a grand jury is called, and in a few rare instances, the public can trigger the process.
Here is a breakdown of who holds the power to convene a grand jury.
Under both state and federal law, a judge is the official who must legally order a grand jury to be summoned. In the federal system, the Federal Rules of Criminal Procedure dictate that the court must order one or more grand juries to be summoned when the public interest requires it. State courts operate similarly; for example, a chief judge or district court judge will issue the formal order to regularly convene a grand jury from the local population.
Even though the judge holds the formal administrative power to convene the jury, they typically do so to accommodate the caseload of a prosecutor, such as a U.S. Attorney or a state District Attorney. Grand jury proceedings are generally held at the instigation of the government or other prosecutors. Because the government cannot bring a person to trial for a serious federal crime without a grand jury indictment, prosecutors rely on the courts to constantly summon panels to review their evidence.
As a rare exception to government control, six states—Kansas, Nebraska, Nevada, New Mexico, North Dakota, and Oklahoma grant everyday citizens the power to compel the convening of a grand jury. By circulating a formal petition and gathering a legally required number of signatures, citizens in these specific states can force a judge to impanel a grand jury to investigate matters independently.
Ultimately, the formal authority to convene a grand jury belongs to the presiding judge. However, in practice, this judicial power is activated by the investigative needs of government prosecutors or, in very limited jurisdictions, by the organized petitions of the public.
