In re 38 Studios Grand JuryAnnotate this Case
The Supreme Court affirmed the judgment of the superior court concluding that the superior court is not vested with the inherent supervisory authority to order the public disclosure of grand jury materials that could potentially be reopened and that dealt with events for which the potentially relevant statute of limitations has not yet run, holding that the superior court does not have the authority to disclose grand jury material outside of Rule 6(e)(3) of the Superior Court Rules of Criminal Procedure.
A statewide grand jury convened to investigate the possibility of potential criminality in connection with a government deal gone bad (the 38 Studios deal). The investigation concluded with an announcement that there were no provable criminal violations in connection with the deal. In a separate action, the State initiated civil litigation against individuals and entities involved in the 38 Studios deal, and settlements followed. Thereafter, the Governor filed a miscellaneous petition seeking release of the 38 Studios grand jury records, arguing that the superior court has the discretion to release grand jury materials. The superior court denied the petition. The Supreme Court affirmed, holding that the superior court does not have inherent authority to disclose grand jury materials beyond the parameters of the permitted disclosures set forth in Rule 6(e).