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S. 2030 (105th): Grand Jury Due Process Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on May 4, 1998.

Grand Jury Due Process Act - Amends rule 6 of the Federal Rules of Criminal Procedure to allow: (1) each witness subpoenaed to appear and testify before a grand jury in a district court, or to produce books, papers, documents, or other objects before that grand jury, to be allowed the assistance of counsel during such time as the witness is questioned in the grand jury room; and (2) counsel for such a witness to be retained by the witness (or, in the case of a witness who is determined by the court to be financially unable to obtain counsel, directs that counsel be appointed). Allows such counsel to be present in the grand jury room only during the questioning of the witness and only to advise the witness. Prohibits such counsel from: (1) addressing the Government attorney or any grand juror or otherwise participating in the grand jury proceedings; and (2) representing more than one client in such a proceeding if the exercise of counsel's independent judgment on behalf of one or both clients will be, or is likely to be, adversely affected by the representation of another client. Authorizes the court, upon determining that counsel retained by or appointed for such witness has violated such provisions, or as necessary to ensure that grand jury activities are not unduly delayed or impeded, to: (1) remove the counsel and either appoint new counsel or order the witness to obtain new counsel; and (2) order separate representation of the witnesses at issue, under specified circumstances. Directs that, upon service of any subpoena requiring any witness to testify or produce information at any proceeding before a grand jury impaneled before a district court, the witness be given adequate and reasonable notice of the right to the presence of counsel in the grand jury room.