(a) Except as otherwise provided by § 50.22, no juror may disclose any statement made or action taken by any member of the grand jury during its deliberations or voting on any matter before it. (b) Except as otherwise provided by § 50.38 and this Section, no juror, attorney, interpreter, stenographer, operator of a transcribing device, or any typist who transcribe recorded testimony may disclose any statement made or action taken before the grand jury during any portion of the proceeding not covered by Subsection (a). (c) Notwithstanding Subsection (b), upon application and such notice as the court shall require, and upon a showing of good cause therefor, the court may, in its discretion, order disclosure of such matters by such persons as the public interest requires. Proceedings under this Subsection may be held in camera. NOTE: Section 50.34 is new. Compare former Rule 6(e) and former § 805c. See also Fed. R. Crim. P. 6(e); Cal. Pen. Code §§ 924-924.3. Subsection (a) makes clear that the deliberations of the grand jury, as distinguished from evidence-taking by the grand jury, are to be done in absolute secrecy. Under Subsection (b), a similar rule of secrecy carries over to the evidence-taking stage with certain important exceptions. First, under § 50.38 when an indictment is returned, a transcript is made, copies are furnished to the prosecutor and the defendant and the original is filed generally as a public record. Second, the list of persons in Subsection (b) does not include a witness. A witness is, of course, only present during his testimony and no purpose would be served in imposing a rule of secrecy upon him. Note, however, that an attorney of a witness is subject to the rule. Only the witness may divulge what he said although he may, of course, make such disclosure through his attorney. Finally, a further exception is provided by Subsection (c). Even though no indictment is returned, a record of the proceedings will have been made. See § 50.38. Such record may be useful to the prosecutor or the defense in subsequent proceedings arising out of the same or related activities involved in the hearing in question, as well as to other law enforcement officials, investigators, and others concerned with related activities. The possible situations are too numerous to provide for in great detail. However, the statute makes clear that good cause must be shown and the proceedings may, and generally should, be held in camera to prevent premature or unnecessary disclosures. In ordering disclosure, the court may, of course, limit the material disclosed, the persons to whom disclosure may be made, and the use to which the materials disclosed may be put. The
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court should take special care to avoid the risk of physical harm, intimidation, reprisals and unnecessary embarrassment arising from such disclosure. It should be noted, however, that Subsection (c) is not a limitation on disclosure pursuant to § 50.38.