Q: Where/how do the rules for federal grand juries originate, and what are the processes that establish them in USC 18/215?
Where do the rules for Grand juries really come from and how do they get into the USC - who/what drafts/ authorizes them and puts them there? I note in reading sections of USC 18, 215 , the references appear to cite statutes enacted by Congress. However, somewhere in my readings on the subject I recall mention, in reality the codes governing the operations and proceedings of federal grand juries come from suggestions (to whom?) provided by a few (which?) law schools and are then annually referred to the Supreme Court which informally (rubber stamps?) approve them. Something analogous to the way the public sees SCOTUS nominations by the Executive branch and advise & consent in the Senate, but in reality the process of getting on that bench is informal -- money and influence from a few think-tanks that pre-select our judges. Can you provide me a couple of credible references to better understand the process of federal GJ rule-making, from beginning to end? thank you.
A:
The Federal Rules of Criminal Procedure (FRCP) govern the conduct of federal grand juries and are codified in Title 18 of the United States Code (USC). The rules are initially drafted by the Standing Committee on Rules of Practice and Procedure, which is appointed by the Chief Justice of the United States and is composed of judges, lawyers, and law professors. The Committee then circulates its proposals for public comment, and after considering the comments, submits its recommendations to the Judicial Conference of the United States. The Judicial Conference, in turn, makes its recommendations to the Supreme Court, which reviews the proposed rules and may approve, modify, or reject them. If the Supreme Court approves the rules, they are transmitted to Congress, which has the authority to reject, modify, or defer their effective date.
The Federal Rules of Criminal Procedure were first established in 1946 and have been amended numerous times since then. The most recent amendments were made in 2021. The FRCP is the primary authority on federal grand juries and their procedures, and it is a comprehensive set of rules that cover topics such as grand jury selection, procedures for obtaining evidence, and the role of prosecutors and grand jurors.
Sources:
United States Courts, "The Federal Rules of Criminal Procedure"
Federal Judicial Center, "The Federal Rules of Criminal Procedure: An Overview"
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