19-1123. SECRECY ENJOINED -- EXCEPTIONS -- USE AND AVAILABILITY OF EVI-
DENCE. (1) No individual, who is present during a special inquiry judge pro-
ceeding or who shall gain information with regard to said inquiry, shall dis-
close the testimony of a witness examined before the special inquiry judge or
other evidence received by him, except such testimony or evidence may be dis-
closed in the following cases: when the district court requires disclosure
of such testimony to determine whether it is consistent with testimony given
by the witness before district court; by a prosecuting attorney when commu-
nicating with any law enforcement officer; upon a charge against the witness
for perjury in giving his testimony in the special inquiry judge proceeding
or upon trial therefor; or when permitted by the district court in the fur-
therance of justice.
(2) The prosecuting attorney shall have access to all special inquiry
judge evidence and may introduce such evidence before any grand jury or judi-
cial proceeding in which the same may be relevant.
(3) Any witness testimony, given before a special inquiry judge and
relevant to any subsequent proceeding against the witness, shall be made
available to the witness upon proper application to the district court. The
district court may also, upon proper application and upon a showing of good
cause, make available to a defendant in a subsequent criminal proceeding
other testimony or evidence when given or presented before a special inquiry
judge, if the court finds that doing so is necessary to prevent an injustice
and that there is no reason to believe that doing so would endanger the life
or safety of any witness or his family. The cost of any such transcript made
available shall be borne by the applicant.
[19-1123, added 1980, ch. 251, sec. 8, p. 663.]