When juror discharged; replacement; proceeding with lesser number.

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(1) Discharge a grand juror who:

(a) Becomes sick, is out of the county or fails to appear when the grand jury is summoned to reconvene;

(b) Is related, by affinity or consanguinity within the third degree, to the accused who is under investigation by the grand jury, or held for the commission of a crime; or

(c) Is unable to continue in the discharge of duties.

(2) Order that another person be drawn at random and sworn from the jurors then in attendance upon the court, or if no other jurors are there in attendance, from the master jury list of the county, to take the place of a discharged juror.

(3) Allow at least five grand jurors to proceed upon good cause shown. [Amended by 1973 c.836 §41; 1985 c.703 §25]


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