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The Grand Jury is one of the oldest, most respected,
and powerful civil institutions in the United States. More than forty
states have some form of Grand Jury. The State of California mandates that
nineteen randomly selected citizens be impaneled every year as a Grand
Jury in each county. Grand Jury duties, powers, responsibilities,
qualifications and the selection process are set forth in the California
Penal Code.
The Grand Jury is part of the judicial branch of
government and has three functions:
1.
To examine all aspects of city and county governments and special
districts by initiating its own investigations.
2.
To serve as ombudsman for the citizens of the cities and the
county.
3.
To conduct criminal investigations and, if the evidence is
sufficient, issue criminal indictments in lieu of a preliminary Superior
Court hearing.
Grand Juries are impaneled
in every county in California.
Article I, §23 of the California
Constitution states: "a grand jury shall be drawn and summoned at least
once a year in each county." Depending on a county's population, a
specified number of citizens ranging from 11 to 23 in each of California's
58 counties are empowered to investigate and report on various activities
of county and city government. The rules governing the makeup,
organization, powers and duties of grand juries in California are found in
the
California Penal Code §888-939. Recent changes in the
Penal Code
(§904.6, 1991) permit any county to have an additional grand jury at the
discretion of the presiding judge of the superior court.
The statutes permit some
variation in the manner and time of selection of jurors and require only
that the term of service be for one year and coincide with the County's
fiscal year. Qualifications for grand jurors are outlined in
Penal Code §
893. This section requires the prospective grand juror be at least 18
years old, in possession of their natural faculties and have sufficient
knowledge of the English language. In Kings County, each grand jury begins
its term July 1 and ends its service June 30 of the following year.
Throughout the State, prospective grand jurors in each county are chosen
through a lengthy process that includes application, screening by the jury
commissioner from Department of Motor Vehicle Records and nomination of
interested persons by Superior Court Judges. A thorough background check
is made on all interested persons and list of qualified candidates is
submitted to the judges for review and approval. Since some members of the
existing grand jury may be carried over for a second term, the number of
names drawn will equal those needed to provide a grand jury of 19 members.
(The law allows for a grand jury of 23 in counties with greater than four
million population and for 11 members in counties with less than 20,000
population. (Penal Code §888.2))
It has been the practice in
many counties to advertise widely and to encourage many people to apply
for the grand jury. Because grand jury service requires the devotion and
commitment to spend 20 hours per week or more for only a token payment, it
is desirable for grand jurors to have an interest in community affairs and
be open-minded with a true concern for the views of others. Grand jurors
also should posses some investigative skills and be able to take good
notes and write and type reports. A good knowledge of the functions and
responsibilities of city and county government is also helpful.
f you wish to view
any of the Penal Codes, they are available through the California Law web
site located at
www.leginfo.ca.gov/calaw.html.
Then, follow the directions for finding the code(s) you are interested in.
The Grand Jury although a
part of the judicial system, is an entirely independent body. The
Presiding Judge of the Superior Court, the District Attorney, the County
Counsel and the State Attorney General act only as advisors. They cannot
prevent Grand Jury action unless that action violates the law.
The Grand Jury reviews and
evaluates procedures, methods and systems used by government agencies to
determine whether they comply with the stated objectives of the agency and
if their operation can be made more efficient and effective. It may
inquire into any aspect of county/city government, including special
legislative districts and joint power agencies to ascertain that the best
interests of Kings County residents are being served.
The Grand Jury functions
lawfully only as a body. No individual grand juror, acting alone, has any
power or authority. Meetings of the Grand Jury are not open to the public.
Law requires that all matters discussed before the Grand Jury and votes
taken, to be kept private and confidential. The end results of inquiries
into civil matters are released to the public in the form of a final
report, which is approved before release, by the Presiding Judge, the
Supervising Judge of the Superior Court.
The Penal Code
requires the Grand Jury to:
Inquire into the condition and management of the
public prisons within the county. Investigate and report on the
operations, accounts and records of county officers, departments and
functions. Inquire into the willful or corrupt misconduct in office of
public officers. Submit the final report of its findings and
recommendations, no later than the end of its term, to the Presiding Judge
of the Superior Court. Agencies to which these recommendations are
directed are required to respond to the County Board of Supervisors within
90 days after the report is released.
(a) [Definition] "Regular grand jury" means a body of
citizens of a county selected by the court to investigate matters of civil
concern in the county, whether or not that body has jurisdiction to return
indictments.
(b) [Regular grand jury list] The list of qualified
candidates prepared by the jury commissioner to be considered for
nomination to the regular grand jury should be obtained by one or more of
the following methods:
(1) Names of members of the public obtained at random
in the same manner as the list of trial jurors. However, the names
obtained for nomination to the regular grand jury should be kept separate
and distinct from the trial jury list, consistent with
Penal Code section
899.
(2) Recommendations for grand jurors that encompass a
cross-section of the county's population base, solicited from a broad
representation of community-based organizations, civic leaders, and
superior court judges, referees, and commissioners.
(3) Applications from interested citizens solicited
through the media or a mass mailing.
(c) [Carry-over grand jurors] The court is encouraged
to consider carry-over grand jury selections under
Penal Code section 901(b)
to ensure broad-based representation.
(d) [Nomination of grand jurors] Judges who nominate
persons for grand jury selection under
Penal Code section 903.4 are
encouraged to select candidates from the list returned by the jury
commissioner or otherwise to employ a nomination procedure to ensure
broad-based representation from the community.
(e) [Disfavored nominations] Judges should not
nominate to the grand jury a spouse or immediate family member (first
degree of consanguinity) of any superior court judge, commissioner, or
referee, elected official, or department head of any city, county, or
governmental entity subject to grand jury scrutiny.
Sec. 17 adopted effective July 1, 1992.
f you wish to view
any of the Penal Codes, they are available through the California Law web
site located at
www.leginfo.ca.gov/calaw.html.
Then, follow the directions for finding the code(s) you are interested in.
The Grand Jury convenes July 1 through June 30 of the
following year, is paid a per diem of ($15 per day) for those days when
the juror attends meeting with a minimum of three days per week. Mileage
is reimbursed for travel between the juror's residence and the Grand Jury
Chambers in the County Government Complex and for travel on Grand Jury
business (currently .36 cents per mile).
Foreperson -
recognizes that the most
important responsibility lies in seeing that the Grand Jury as a whole and
each of the committees function effectively and efficiently.
Foreperson Pro Tem -
in absence of the
Foreperson, assumes all functions of foreperson.
Recording Secretary -
is the general assistant
to the foreperson in all matters, keeps the accurate record (minutes) of
the proceedings of each meeting.
Correspondence Secretary -
is responsible for
incoming and outgoing correspondence.
Treasurer -
provides jurors with reimbursement
forms and collects these forms at the end of each month and handles all
bills received by the Grand Jury.
The work of the Grand Jury currently is done by its
committees and ad hoc committees, which are formed in response to special
needs.
Law and Public Safety -
focuses on law
enforcement agencies, prisons and fire departments.
County Government -
looks into county agencies
and departments not covered by other committees.
Health and Education -
examines school
districts throughout the county, the Health department and district
hospitals.
Local Government -
is responsible for city and
local boards including cemeteries and Community Service Districts.
Edit and Review -
responsible for producing
the Final Report and other such manuals necessary in the function of the
Grand Jury.
Complaint -
the first committee to screen all
citizen complaints received and assign to the proper committee for action.
State Law requires that each
grand jury submit a final report of its findings and recommendations to
the presiding judge of the Superior Court. In addition to the mandated
reports on financial audits and the condition of adult and juvenile
detention facilities, recent Kings County grand jury Reports have covered
such topics as the Public Library Authority, Child Protective Services,
and Inappropriate Use of Funds at a Special District.
A report, just as an
accusation or an indictment, must be approved by at least 12 of the 19
grand jurors (15 if it is a 23 member jury). With so many possible
investigations and a term limited to a single year, it is necessary for
each grand jury to make hard decisions as to what it wishes to undertake
during the term. Except for mandated duties to report on the financial
condition of the county and on the conditions of county jails, the grand
jury has great discretion in determining its agenda.
Most grand juries divide
into committees for conducting investigations and for writing reports, but
there seems to be a wide variation between counties as to the number and
structure of committees; it is up to each grand jury to determine its own
method of operation within the parameters of the law.
Government agencies that are
the subject of reports are required by law to respond to specific grand
jury findings and recommendations. However, the grand jury has no
enforcement power, and the agencies are under no legal obligation to carry
out the recommendations. While some recommendations are ignored, others
are followed, particularly those that suggest greater efficiency for
operations and that do not require the expenditure of large sums of money.
Grand jury criticisms of public officials and agencies frequently attract
press attention, bringing greater community awareness of what is happening
in public agencies. Many grand jurors believe that public officials tend
to be more accountable when they know an impartial; outside body is
looking over their collective shoulders.
While surrounded by secrecy
before publication, grand jury reports become public documents when signed
by the grand jury foreman and approved by the grand jury's advisory judge.
Copies are sent: to all targeted government agencies, to interested
officials, to public and private groups and individuals and to the press.
At the end of the year, bound or loose-leaf copies of all reports are
placed in all public libraries.
Copies of recent Kings County Grand Jury reports may be found on the
Grand
Jury's Web Site.
Individuals may request copies from:
Kings County Grand Jury
1400 West Lacey Blvd
P.O. Box 1562, Hanford, CA 93230
Any citizen may ask the
Grand Jury to conduct an investigation into:
·
allegations of mistreatment
by officials
·
suspicions of misconduct or
inefficiencies by agencies of Kings County or the cities of Hanford,
Lemoore, Corcoran or Avenal or Special Districts
The official
complaint form is available from the Grand Jury. You may obtain one by
telephoning the office at (559) 582-3211 EXT 2892, Internet or e-mail and
asking that one be sent to you. When you receive it, fill it out and mail
or deliver it to:
Kings County Grand Jury
1400 West Lacey Blvd
Hanford, CA 93230
If you wish to obtain a Grand Jury Complaint Form,
please click on the
Grand Jury's Web Site.
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