Schleppenbach: State Grand Jury Secrecy Rules and Remedies
The tradition of grand jury secrecy dates back to at least 17th Century England, when grand jury proceedings were closed to the public and records were kept confidential. The tradition was later exported to the United States and recognized in common law, Shook Partner Jay Schleppenbach, writing with Shook Alumnus Andrew Boutros, said in an article in the American Bar Association's Spring 2025 issue of Criminal Justice Magazine titled “Key Variations in State Grand Jury Secrecy Rules and What They Mean for Criminal Defendants.”
The authors discuss the history of grand jury secrecy, key jurisdictional variations at the state court level, and potential remedies for grand jury secrecy violations. “Although the exact parameters of grand jury secrecy may vary from jurisdiction to jurisdiction, savvy criminal practitioners who keep abreast of these local differences may be able to protect their clients from the worst violations and ensure that cases are tried where they should be, in the courtroom rather than the court of public opinion,” they said.
