(a) A subpoena requiring the attendance of a witness before the grand jury may be signed and issued by the Attorney General, or, upon request of the grand jury, by any judge of the Superior Court, in support of the prosecution, for those witnesses whose testimony, in his opinion, is material in an investigation before the grand jury, and for such other witnesses as the grand jury, upon an investigation pending before them, may direct. (b) Failure of any person to obey a grand jury subpoena, or to comply with the requirements thereof, or to obey a lawful order of the foreman of the grand jury, shall be deemed a contempt of court. SOURCE: Added by P.L. 15-94:9, effective 01/17/80. NOTE: New § 75.45 was added to fill a statutory gap of long standing. It has been assumed that the Attorney General has the power to issue subpoenas, or rather request the clerk of the court to issue subpoenas for witnesses before the grand jury. This
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Section cleans up the administrative process by permitting the Attorney General to issue and sign all subpoenas for grand juries. Likewise, the foreman of the grand jury may request subpoenas, but which subpoenas would be signed by a judge of the Superior Court.
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ARTICLE 2 WITNESSES