2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 93 - Independent Counsel
9331 - Authorities.


                               SUBCHAPTER C
               AUTHORITY AND DUTIES OF INDEPENDENT COUNSEL

     Sec.
     9331.  Authorities.
     9332.  Compensation and travel expenses.
     9333.  Additional personnel.
     9334.  Assistance of Pennsylvania State Police.
     9335.  Referral of other matters to independent counsel.
     9336.  Dismissal of matters.
     9337.  Reports by independent counsel.
     9338.  Independence from Office of Attorney General.
     9339.  Standards of conduct applicable to independent counsel,
            persons serving in office of independent counsel and
            their law firms.
     9340.  Custody of records of independent counsel.
     9341.  Cost controls and administrative support.
     9342.  Legislative oversight.
     9343.  Removal of independent counsel and termination of office.
     9344.  Audits.
     9345.  Relationship with Office of Attorney General.
     9346.  Venue.
     § 9331.  Authorities.
        Notwithstanding any other provision of law, an independent
     counsel appointed under this chapter shall have, with respect to
     all matters in the independent counsel's prosecutorial
     jurisdiction established under this chapter, full power and
     independent authority to exercise all investigative and
     prosecutorial functions and powers of the Office of Attorney
     General, the Attorney General and any other officer or employee
     of the Office of Attorney General. Investigative and
     prosecutorial functions and powers shall include, but are not
     limited to:
            (1)  Conducting proceedings before grand juries and other
        investigations.
            (2)  Participating in court proceedings and engaging in
        any litigation, including civil and criminal matters, that
        the independent counsel considers necessary.
            (3)  Appealing any decision of a court in any case or
        proceeding in which the independent counsel participates in
        an official capacity.
            (4)  Reviewing all documentary evidence available from
        any source.
            (5)  Determining whether to contest the assertion of any
        testimonial privilege.
            (6)  Receiving appropriate security clearances and, if
        necessary, contesting in court, including, where appropriate,
        participating in an in camera proceeding, any claim of
        privilege or attempt to withhold evidence on grounds of
        security.
            (7)  Making applications to any State court for a grant
        of immunity to any witness, consistent with applicable
        statutory requirements, or for warrants, subpoenas or other
        court orders and exercising the authority vested in the
        Attorney General or a district attorney.
            (8)  Inspecting, obtaining or using the original or a
        copy of any tax return in accordance with applicable statutes
        and regulations.
            (9)  Initiating and conducting prosecutions in any court
        of competent jurisdiction, framing and signing indictments,
        filing information and handling all aspects of any case in
        the name of the Commonwealth.
            (10)  Consulting with the district attorney for the
        county in which any violation of law with respect to which
        the independent counsel is appointed was alleged to have
        occurred.

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