In Re 2015–2016 Jefferson County Grand Jury

¶58 The majority reaches the remarkable conclusion that a hearing regarding a motion to quash a grand jury subpoena is not a grand jury proceeding. The majority reaches this conclusion despite the fact that the motion to quash the grand jury subpoena was filed in the grand jury case, to be ruled upon by the judge responsible for the grand jury proceeding, and the determination of which will impact the evidence the grand jury would hear. Hence, I disagree. In my view, a hearing on an evidentiary question before a grand jury is a part of a grand jury proceeding just like an evidentiary question…