Investigative Grand Jury FAQ

The Investigative Grand Jury consists of 12-18 individuals convened by the Court to investigate matters of public welfare or safety.

A criminal grand jury consists of 12-18 members convened regularly by the Court to determine whether an accused should be indicted for a felony offense.

The Court controls the process of convening grand juries.  Once a petition is approved by the Attorney General, and the Court is notified of the petition, the Court convenes the Grand Jury. 

Investigative Grand Juries have been convened infrequently, as per the Alaska Court System website. Since 1959, Investigative Grand Juries have issued only a small number of public reports regarding public welfare and safety.

The Investigative Grand Jury's primary responsibility is to independently investigate complaints concerning the public welfare or safety. The Investigative Grand Jury is constitutionally authorized to make recommendations in the form of a report that may be broadly disseminated following the conclusion of an investigation. Valuable information can be obtained following an investigation by a grand jury.

A report to the public, if issued by the jury, may contain recommendations for government accountability and efficiency.

If a citizen of Alaska believes that a matter of public welfare or safety necessitates an investigation, he or she may request that an Investigative Grand Jury be convened. Citizens submit requests on a form that has been approved and distributed by the Attorney General's Office. In addition, a sitting grand juror may also request an investigation on a matter of public welfare or safety in accord with Criminal Rule 6.1 (b).

The Alaska Constitution grants Investigative Grand Juries the constitutional right to determine to investigate, to conduct investigations, to make recommendations, and to issue reports on matters pertaining to public welfare and safety. Although an Investigative Grand Jury may be requested, an investigation may ultimately not occur. This could occur for a couple of reasons: 1) because the request does not meet the threshold requirements; or 2) the grand jury decides not to pursue the investigation. Additionally, an Investigative Grand Jury may choose to investigate but then choose not to issue a report.  The power lies with the grand jury.

The Investigative Grand Jury possesses the authority to examine issues related to public welfare or safety. However, it may not be used to investigate purely private matters. The power of an Investigative Grand Jury is safeguarded by the Alaska Constitution and shall remain in effect without suspension. Alaska Constitution, Article 1, Section 8. Public welfare and safety issues may engage local governments, state government entities (including agencies, departments, and officials), law enforcement, state correctional and residential facilities, as well as state universities and school districts.

No. According to the Constitution, allegations brought by citizens for investigation must be related to public welfare or safety. Specifically, a grand jury investigation might focus on systemic problems or a persistent, recurrent problem that affects the public at large. Purely private matters, such as an investigation into an individual’s court case, are outside the purview of a grand jury's investigative authority. Other examples outside of the Investigative Grand Jury’s authority include the Department of Law’s exercise of prosecutorial discretion over a particular incident, or private disputes between citizens that could legitimately serve as the basis for a civil, administrative, or other court case.

If private litigants believe a judge made a legal error and they are dissatisfied with the outcome of their court case, they can use the current court process within that case to file an appeal or move for reconsideration of a decision. Also, citizens can file complaints with the Alaska Commission on Judicial Conduct or seek remedies through the applicable ethics complaint processes at the state or local level.

The Investigative Grand Jury lacks jurisdiction or authority to conduct investigations into federal agencies or federal officials. Additionally, it does not possess the power to oversee judicial performance or modify unfavorable court decisions. The Investigative Grand Jury has no authority to offer judicial review over cases that are currently pending in any court or the subject of an administrative proceeding. Issues of this kind should be addressed through the designated appeal process. Prior to the convening of an Investigative Grand Jury, it is essential for citizens to ensure that all potential, alternative remedies have been thoroughly explored and exhausted.

To request an Investigative Grand Jury on a matter of public welfare or safety, a citizen-initiated petition form approved by the Attorney General's Office must be completed, notarized, and submitted to the Attorney General.

Detailed evidence must accompany all requests for an investigation that support the allegations in the citizen’s petition/complaint. An Investigative Grand Jury will be recommended if the Attorney General determines that the evidence impacting public welfare or safety meets the standards set forth by the Alaska Supreme Court. An issue involves public welfare or safety when 1) investigation of the issue is necessary to further a public policy of the state, 2) the outcome of the investigation could reasonably be expected to benefit many people, and 3) the investigation of the issue is necessary because it involves a matter of general importance to many people rather than to a single individual or a small group of individuals. See Commentary to Alaska R. Crim. P 6.1(a), Supreme Ct. Order No. 1993 at 4. Basically, anything that a citizen wants the Investigative Grand Jury to consider should be submitted as part of the citizen’s petition/complaint. The Attorney General may only refer to an Investigative Grand Jury, those petitions/complaints that meet these threshold requirements.

An Investigative Grand Jury will be recommended if the Attorney General determines that the evidence impacting public welfare or safety meets the criteria for investigation. The court rule requires the Attorney General or his/her designee to act as a “gatekeeper” for Investigative Grand Juries. The Attorney General or his/her designee must decide if the matter passes the following court requirements: 1) the issue is a matter of public welfare or safety; 2) the issue could further a public policy of the state, the outcome of the  investigation could reasonably be expected to benefit a large number of people, rather than to benefit only an individual or small group of individuals, and the issue involves a matter of general importance to a large number of people, rather than to an individual or a small group of individuals; 3)  the proposal is not patently groundless, made for purposes of delay or harassment, or otherwise proposed in bad faith; and 4) the proposal does not seek to investigate the federal government or federal officials.

The Grand Jury may provide a report containing recommendations regarding the subject of its investigation. According to court rules, if the Investigative Grand Jury elects to issue a public report, it may present the report to the presiding judge of the judicial district. When grand jury reports are made public, they will be accessible to citizens on this website.

According to Article 1, Section 8 of the Alaska Constitution, reports generated by an Investigative Grand Jury must be disclosed. However, under Rule 6.1, the Alaska Supreme Court determined that reports and recommendations are subject to judicial review. The Alaska Supreme Court posited that the protection of an individual's reputational interests and the guarantee of due process would be achieved by subjecting reports to judicial review prior to publication.

In December 2022, the Alaska Supreme Court, possessing rule-making authority for grand jury proceedings, sanctioned SCO No. 1993. The order modifies Criminal Rule 6.1 and establishes procedures for (1) the grand jury to investigate issues of public welfare and safety and (2) situations where a citizen or grand juror can petition to investigate such matters. Before SCO 1993 became effective in December 2022, no formal process existed for citizen requests.

Subsequently, the Alaska Supreme Court published another order, SCO No. 2000, that further modifies Criminal Rule 6.1 by eliminating language and permits the same grand jury investigating a public welfare or safety issue to also issue indictments for criminal conduct arising from an investigation.

When the Alaska Supreme Court asked for input on these rules, the Attorney General and the Department of Law provided it. Despite the Department of Law's suggestions to the contrary, the Alaska Supreme Court ordered that a citizen’s request should be reviewed by the Department of Law to determine whether the matter is truly one of public welfare and safety, as required by the constitution, and if the request merits a Grand Jury Investigation.

The Alaska Supreme Court ordered the Attorney General to designate an impartial prosecutor to handle the case if there is a conflict of interest with the citizen's request that the Department of Law is reviewing. The Alaska Supreme Court requires that the Department of Law to consider whether the facts that citizens have submitted are reasonable and could result in an actionable matter that might violate the law. Because "this is exactly the type of screening decisions that the Department of Law makes every single day when it considers whether an incident should be pursued before a grand jury to seek a felony indictment," the Alaska Supreme Court reasoned that the Department of Law should be responsible for this duty. (See, Alaska Court System website, FAQ’s regarding Investigative Grand Juries).

Although the Department of Law accepts responsibility, it disagrees with the Alaska Supreme Court's rule placing the “gatekeeper” authority on the Attorney General.  The Department of Law has created these guidelines to give the public a straightforward, repeatable procedure that attempts to avoid inherent conflicts of interest.  The Department of Law anticipates carrying out this procedure in a fair and reasonable manner and honoring its significant constitutional duty to review citizen requests for Investigative Grand Juries concerning public welfare or safety.

Specifically, the court rule requires the Attorney General or his/her designee to act as a “gatekeeper” for Investigative Grand Juries. The Attorney General or his/her designee must decide if the matter passes the following court requirements: 1) the issue is a matter of public welfare or safety; 2) the issue could further a public policy of the state, the outcome of the  investigation could reasonably be expected to benefit a large number of people rather than to benefit only an individual or small group of individuals, and the issue involves a matter of general importance to a large number of people rather than to an individual or a small group of individuals; the proposal is not patently groundless, made for purposes of delay or harassment, or otherwise proposed in bad faith; and 4) the proposal does not seek to investigate the federal government or federal officials.

 Yes, Alaska Court Rules can be modified by the court at any time. Please contact the Alaska Court System for further information.