Under existing law, no person is permitted to be present during the criminal sessions of the grand jury except the members and witnesses actually under examination, and certain other specified persons, including, among others, the district attorney, an interpreter, and the officer having custody of a prisoner witness while the prisoner is testifying.
This bill would, until January 1, 2017, authorize any witness who is called to give testimony under oath before a civil grand jury to have counsel present on his or her behalf while he or she is testifying. The bill would impose
restrictions on counsel in connection with the grand jury proceedings. The bill would provide that a violation of these provisions by counsel is a violation of the Rules of Professional Conduct.