Revised Statues - Chapter 29 Criminal Procedure

The procedure for calling a grand jury by petition of the registered voters of the county shall be as follows:

(1) The petitions shall be filed in the office of the clerk of the district court, shall be in the form provided by law, and be filed without a filing fee;

(2) Upon receipt of such petitions, the clerk of the district court shall forthwith certify the petitions so filed to the county clerk or election commissioner in the county wherein the signers of such petitions are registered to vote and shall request that the signatures on such petitions be validated according to the list of registered voters;

(3) The county clerk or election commissioner shall, within thirty days from receipt of such petitions, determine the number of valid signatures appearing on such petitions and certify his findings along with the total vote cast for Governor at the most recent election for such office in such county to the presiding judge of the district court in which such petitions were filed;

(4) The presiding judge of the district court shall, upon receipt of the certificate from the county clerk or election commissioner, examine the petitions and within fifteen days of the receipt thereof shall determine: (a) Whether the requisite number of valid signatures appear on such petitions; and (b) whether the formal requirements as to the form of the petition have been satisfied;

(5) The determination of sufficiency of the petitions by the presiding judge shall be based solely upon the certification of valid signatures by the county clerk or election commissioner and upon the presiding judge's personal examination of the form of the petitions. No additional evidence shall be considered by the presiding judge in making his determination of sufficiency and under no circumstances shall any petitioner be required to testify or otherwise present evidence relating to allegations contained in such petitions;

(6) Upon a determination that the requisite number of valid signatures appeared on such petitions and that the petitions otherwise were sufficient as to form, it shall be mandatory for the presiding judge to call a grand jury forthwith;

(7) In the event that the presiding judge of the district court fails to make a determination as to the sufficiency of such petitions and fails to call a grand jury within fifteen days from the date of delivery of such petitions to the presiding judge, the clerk of the district court shall immediately call a grand jury pursuant to law, notwithstanding the fact that the presiding judge of the district court failed to determine sufficiency of the petitions and did not call the grand jury; and

(8) In the event that the presiding judge or clerk of the district court fails to call a grand jury, the petitioners may file an immediate request with the Chief Justice of the Supreme Court, or in his absence, with any judge thereof, and request that such Chief Justice or judge review the petitions and certifications and call a grand jury. If the Chief Justice or judge of the Supreme Court determines sufficiency of the petitions according to law, an order shall be issued by the Chief Justice or judge to the clerk of the district court to call a grand jury.