Do the rules on contacting petit jurors also apply to contacting grand jurors?

Plain-English summary

The committee was asked about the propriety of a lawyer's contact with a grand juror. After a federal grand jury indicted a defendant, who was then arraigned and retained counsel, the defendant's lawyer appeared at the federal building on the morning of a subsequent meeting of the same grand jury. He introduced himself to one of the grand jurors, told the juror he had information relating to the indictment, and asked the juror to help obtain permission for the lawyer to appear before the grand jury that day to seek reconsideration of the indictment. Counsel did not contact the grand jury foreman.

The committee concluded that EC 7-29 and DR 7-108(B)(1) and (D) of the Code of Professional Responsibility, which deal with contact with petit jurors before, during, and after trial, embody considerations that apply equally to communication or contact with grand jurors. On that basis the committee determined that the lawyer's action was improper.

Currency note

This opinion was issued in 1974, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility, which has since been replaced. Treat this page as historical context, not current guidance. Verify against current Rule 4-3.5 before relying on any specific requirement mentioned here.

Common questions

Q: Do the juror-contact rules apply to grand jurors as well as trial jurors?

A: Yes. The committee concluded that the same considerations applying to contact with petit jurors apply to communication or contact with grand jurors.

Q: Was it proper for the defense lawyer to approach a grand juror about the indictment?

A: No. The committee determined that the lawyer's conduct in approaching a grand juror to seek reconsideration of the indictment was improper.

Background and rules framework

The opinion applied EC 7-29 and DR 7-108(B)(1) and (D) of the former Code of Professional Responsibility, which governed a lawyer's communication or contact with jurors before, during, and after trial. That subject corresponds in current practice to Rule 4-3.5 (impartiality and decorum of the tribunal) and Model Rule 3.5. The committee extended the petit-juror considerations to grand jurors.

Citations and references

Rules of Professional Conduct (as cited, former Code):

• CPR EC 7-29; DR 7-108(B)(1); DR 7-108(D) (communication or contact with jurors)

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-74-6/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-74-6-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 74-6
June 14, 1974
Advisory ethics opinions are not binding.
The same ethical considerations that apply to communication or contact between a lawyer and petit jurors before, during and after trial apply to communication or contact with grand jurors.
CPR: EC 7-29; DR 7-108(B)(1), 7-108(D)
Vice Chairman Sullivan stated the opinion of the committee:
We have been asked for our opinion about the propriety of the following:
After indictment by a federal grand jury, defendant was arraigned, retaining counsel.
On the morning of a subsequent meeting of the same grand jury, defendant's lawyer appeared at the federal building, introduced himself to one of the grand jurors and told him that he had information relating to the indictment the grand jury had returned against the defendant. The lawyer asked the grand juror to do what he could to obtain permission for the lawyer to appear before the grand jury that day in an effort to get the jury to reconsider the indictment. Counsel did not contact or communicate with the grand jury foreman orally or in writing.
EC 7-29 and DR 7-108(B)(1) and (D) of the Code of Professional Responsibility deal with contact with petit jurors and communication or contact between a lawyer and a juror before, during and after trial. The Committee is of the opinion that the same considerations apply to communication or contact with grand jurors and that the action of the lawyer was improper.