Grand Jury

Our Oath

The following oath shall be taken by each member of the grand jury: I do solemnly swear (affirm) that I will support the Constitution of the United States and the State of California, and all laws made pursuant to and in conformity therewith, will diligently inquire into, and true presentment make, of all public offenses against the people of this state, committed or triable within this county, of which the grand jury shall have or can obtain legal evidence. Further, I will not disclose any evidence brought before the grand jury, nor anything which I or any other grand juror may say, nor the manner in which I or any other grand juror may have voted on any matter before the grand jury. I will keep the charge that may be given to me by the court. [PC§911 & §924.1]

History

Many historians trace the origin of the grand jury to the time of the Norman conquest of England. There is evidence that the courts of that time summoned a body of sworn neighbors to put before the court crimes which had come to their knowledge. During the reign of Henry II (1154-1189) the Assize of Clarendon (1166) established the "jury of presentment"of twelve "good and lawful men" assembled to reveal the names of those suspected of crimes.

The connection to our present grand jury system is clear. It was also during the reign of Henry II that juries divided into two types: civil and criminal, with the development of each influencing the other. The Massachusetts Bay Colony impaneled the first grand jury on our soil in 1635 to consider cases of murder, robbery and wife beating. By the end of the colonial period, the grand jury had become an important adjunct of government: "they proposed new laws, protested against abuses in government, and wielded tremendous authority in their power to determine who should and should not face trial."

Originally, the Constitution of the United States made no provision for a grand jury. But the Fifth Amendment ratified in 1791, guaranteed that " ... no person shall be held to answer to a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger ... ." The Fourteenth Amendment (1868) made it illegal to deprive any person of life, liberty or property without due process of law. Early California grand juries investigated local prisons, conducted audits of county books, and pursued matters of community interest.

Under statues passed in 1880 the duties of the grand jury extended to investigation of county government. Only in seven other states do grand juries investigate county government beyond cases of alleged misconduct on the part of public officials. The County of San Luis Obispo impanels a civil grand jury every year. Its term coincides with the county's fiscal year, July 1st-June 30th. Its jurisdiction extends to all government entities in the County except those under state and federal authority. Superior Court judges recommend candidates from among those who volunteer for service.

A drawing of nineteen jurors and eleven alternates then ensues. A superior court judge swears in the jurors. The objective of this process is a grand jury of qualified citizens prepared to donate the time required to do a successful job. The function of the grand jury is primarily that of a watchdog, ensuring that local government is performing with efficiency, impartiality, honesty, and for the benefit of the community.

The citizens of the County of San Luis Obispo have a real asset in the grand jury. It provides them important information on how their county and local governments are conducting the peoples' business. For the members of the jury the work is difficult and time-consuming, but in the end, quite satisfying.

Civil vs. Criminal Grand Jury?

Every county is required by the California Constitution to have a civil grand jury every year.

A civil grand jury is distinct from a criminal grand jury.  A criminal grand jury evaluates evidence presented by the District Attorney to determine whether there is sufficient evidence to issue an indictment. A civil grand jury, by contrast, exists to investigate or inquire into county matters of civil concern, such as the operational effectiveness of local government agencies.  A civil grand jury has complete discretion to determine which topics within its jurisdiction to investigate.  Following an investigation, the civil grand jury may issue a report outlining its findings and recommendations.  The influence of the civil grand jury comes from the public nature of these reports, and any responses by local agencies, boards or officials.  In certain rare circumstances, a civil grand jury may also initiate court proceedings to remove a public officer for willful or corrupt misconduct in office.

[PC§§901: Standards of Judicial Administration §17(a) Cal. Const. Art. 1, Sec. 23.3; PC§919(c) Generally; PC§925-933.6; PC§933.05; and PC§919(b)]