Grand Jury

Section 12 of the Kentucky Constitution generally requires that a person accused of an indictable offense, such as a felony, be charged by indictment rather than by a prosecutor’s written charge alone. A grand jury does not decide guilt or innocence and does not set punishment. It hears evidence and decides whether there is enough proof to require the accused to stand trial in Circuit Court.

Under KRS 29A.200, a grand jury has twelve members, and at least nine must agree to return an indictment. The jurors elect a foreperson, who swears in each witness and reports the grand jury’s decisions to the judge in open court.

• Bound over from District Court. After a felony arrest, a District Court judge may hold a preliminary hearing to decide whether there is probable cause. If probable cause is found, or the hearing is waived, the case is held to the grand jury.
• Direct submission. Police or another investigating agency may bring a case to the Commonwealth’s Attorney’s office, which may present it to the grand jury without a District Court case first. The result is often called a direct indictment.

Under KRS 29A.210, a regular grand jury must convene at least once every four months, and the court may call it more often when needed, including when defendants are waiting on cases bound over from District Court.

The Commonwealth’s Attorney’s office presents the evidence, questions each witness, and advises the grand jurors on the law. Witnesses often include the investigating police officer and can include victims and others who know the facts. Every witness testifies under oath.

A witness can be required to appear by a subpoena issued through the circuit court clerk, and a subpoena can also require a person to bring records. While testimony is taken, the only people allowed in the room besides the jurors are the prosecutor, a stenographer, the witness, and anyone else required, such as a guardian for a child witness. Under KRS 421.500, the office must make a reasonable effort to tell victims and witnesses promptly about scheduling changes that affect them.

Grand jury proceedings are secret. The court rules require people present to keep the proceedings and testimony secret, with limited exceptions, such as lawyers preparing a case for trial.

The Crystal Rogers Act, effective July 15, 2026, added KRS 29A.215. Except as the court rules allow, a person present at a grand jury proceeding may not knowingly record the testimony or evidence, or disclose at any time what he or she saw, read, or heard there. Recording is a Class A misdemeanor and disclosure is a Class D felony, with a higher penalty for public servants. The law does not apply to the Commonwealth’s Attorney’s staff or peace officers acting in their official duties.

• Indictment, also called a true bill. At least nine jurors agree the evidence is sufficient. The foreperson signs the indictment, it is returned to the judge in open court, and the case proceeds in Circuit Court.
• No true bill. Fewer than nine jurors agree, and the foreperson reports that result in writing. The case does not move to Circuit Court on that presentation.

Under KRS 431.076, a person whose felony charges in District Court did not lead to an indictment may petition the District Court to dismiss and expunge them, no sooner than six months after the case was held to the grand jury.

Grand jurors are drawn from the same county list as trial jurors. A juror must be a U.S. citizen, at least 18, a county resident, able to speak and understand English, not under indictment, and without a felony conviction unless rights have been restored or the conviction expunged.

• A summons arrives at least 30 days before service, with a qualification form to return.
• Grand jurors take an oath to weigh the evidence carefully and do their duty under the law.
• A regular grand jury serves until discharged, but no more than 20 days of actual court attendance, except to finish a case in which testimony has begun.
• In any 24-month period, no one can be required to serve on more than one grand jury, or on both a grand jury and a trial jury.
• Jurors are paid $12.50 per day by the state, which includes an expense allowance.
• An employer may not fire, threaten, or coerce an employee because of jury service.

Questions about a summons, including postponement, go to the court listed on it, not to the Commonwealth’s Attorney’s office.