Gershon v. Broomfield

GORDON, Vice Chief Justice:

The sole issue presented in this special action is whether the Attorney General may subpoena witnesses and documents before the state grand jury without the prior consent of the grand jury. Taking jurisdiction pursuant to Ariz.Const. Art. 6, § 5(1), we hold that the Attorney General has no such power.

Without the state grand jury’s consent, an assistant attorney general signed and sent a subpoena to petitioner on October 22, 1981 ordering that he appear before the state grand jury and that he bring with him certain documents. Petitioner’s motion in superior court to…