Section 968.40. Grand jury.

 

(1)   Selection of grand jury list. Any judge may, in writing, order the clerk of circuit court to select a grand jury list within a specified reasonable time. The clerk shall select from the prospective juror list for the county the names of not fewer than 75 nor more than 150 persons to constitute the prospective grand juror list. The list shall be kept secret.

(3)   Examination of prospective jurors. At the time set for the prospective grand jurors to appear, the judge shall and the district attorney or other prosecuting officer may examine the prospective jurors under oath or affirmation relative to their qualifications to serve as grand jurors and the judge shall excuse those who are disqualified, and may excuse others for any reason which seems proper to the judge.

(4)   Additional grand jurors. If after such examination fewer than 17 grand jurors remain, additional prospective jurors shall be selected, summoned and examined until there are at least 17 qualified jurors on the grand jury.

(6)   Time grand jurors to serve. Grand jurors shall serve for a period of 31 consecutive days unless more days are necessary to complete service in a particular proceeding. The judge may discharge the grand jury at any time.

(7)   Orders filed with clerk. All orders mentioned in this section shall be filed with the clerk of court.

(8)   Intercounty racketeering and crime. When a grand jury is convened pursuant to this section to investigate unlawful activity under s. 165.70 , and such activity involves more than one county, including the county where the petition for such grand jury is filed, then if the attorney general approves, all expenses of such proceeding shall be charged to the appropriation under s. 20.455 (1) (d) .

1971 c. 125 s. 522 (1) ; 1977 c. 29 s. 1656 (27) ; 1977 c. 187 ss. 95 , 135 ; 1977 c. 318 ; 1977 c. 447 s. 210 ; 1977 c. 449 ; Stats. 1977 s. 756.10; 1991 a. 39 ; Sup. Ct. Order No. 96-08 , 207 Wis. 2d xv (1997); Stats. 1997 s. 968.40. A claim of grand jury discrimination necessitates federal habeas corpus review. Rose v. Mitchell, 443 U.S. 545 (1979). The grand jury in Wisconsin. Coffey, Richards, 58 MLR 518.