Who May be Present During Proceedings

The prosecuting attorney, the witness under examination (who may be accompanied by his attorney for the sole purpose of consultation), interpreters when needed and, for the purpose of taking evidence, a stenographer and operator of a recording device may be present while the grand jury is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting. NOTE: Section 50.26 is substantively the same as former Rule 6(d) and former § 805b with one exception. The provision allowing the attorney for the witness to be present for consultation is new, and is designed to obviate the necessity for continual recesses so that the witness may consult with his attorney before answering questions. The attorney is restricted to advising the witness, and may not take part in the proceedings nor make any statement to the panel. Although this Section states that a reporter "may" be present, § 50.38 makes clear that a record of the session must be made (and furnished to the parties as required by § 50.38).