Grand Jury Secrecy

• Jurisdiction: Maryland

IV. Grand jury secrecy

A. Requirement of secrecy

Grand jury proceedings are conducted in secret. The requirement for secrecy imposed on grand jurors and grand jury witnesses is imposed by the legislature, courts, and/or prosecutors. Md. Code Ann., Cts. & Jud. Proc. § 8-416. Unauthorized disclosure of grand jury proceedings is a misdemeanor, subject to a $1,000 fine and/or one year incarceration. Id. § 8-507. In Douglas Oil Co. v. Petrol Stops Northwest, 441 U.S. 211 (1979), the Supreme Court stated: "Although the purpose for grand jury secrecy originally was protection of the criminally accused against an overreaching Crown, with time it came to be viewed as necessary for the proper functioning of the grand jury." Id. at 219 n.9 (citation omitted).

Grand jury secrecy (1) reduces escape among those under investigation; (2) reduces grand jury tampering; (3) permits grand jury witnesses to testify without fear; (4) encourages those with evidence to come forward; and (5) exonerates innocent persons who should not be put to trial. See United States v. Proctor & Gamble, 356 U.S. 677, 681-82 n.6 (1958) (quoting United States v. Rose, 215 F.2d 617, 682 (3d Cir. 1958)). See Douglas Oil Co., 441 U.S. at 219. In Rehberg v. Paulk, 566 U.S. 356 (2012), the Supreme Court stated:

[I]f pre-indictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily, knowing that those against whom they testify would be aware of that testimony. Moreover, witnesses who appeared before the grand jury would be less likely to testify fully and frankly, as they would be open to retribution.

Id. at 374 (quoting United States v. Sells Engineering, Inc., 463 U.S. 418, 424 (1983) (internal quotation marks omitted)).

B. Limitations on secrecy

1. Release of grand jury testimony

One limitation on the secrecy of grand jury...