GRAND JURY OF HUMBOLDT COUNTY
2007-2008 Final Report
About the Grand Jury
A Brief History of the Grand Jury
The
Grand Jury derives its name from the fact it has a greater number of jurors
than a trial (petit) jury. The history
of the Grand Jury traces back to the founding of common law under the English
system in the 11th and 12th centuries. The
first Grand Jury in the United States was impaneled by the Massachusetts Bay Colony
in 1635 to consider crimes such as murder, robbery, and wife beating.
The
Constitution of the United States, as first written in 1776, did not include a
provision for Grand Juries. However,
the Fifth Amendment, ratified in 1791, added this protection:
...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 for cases
arising in the land or naval forces, or in the Militia when in actual service in time of war or public danger.
By
the end of the Colonial period, the Grand Jury had become an indispensible
adjunct of government.
Today,
there are two types of Grand Juries, criminal and civil. Criminal Grand Juries review evidence presented
by a prosecutor to determine whether there is probable cause to return an
indictment. Civil Grand Juries are the watchdogs of county government. They ensure the county, cities, and special
districts lawfully carry out their duties.
In California, criminal and civil Grand Juries are separate. California's constitution mandates a civil
Grand Jury be chosen each year in each county. As constituted today, the Grand Jury is a part of the
judicial branch of government, an arm of the court.
The
Grand Jury of Humboldt County
The Grand Jury of Humboldt County is a fact-finding body with the potential to make constructive changes and suggest meaningful solutions to a wide range of local government problems. The jury is composed of nineteen members selected from a pool of volunteers and nominees of the court. Each session, all nineteen members and alternates are sworn in and given a description of their duties and responsibilities by the Presiding Judge of the Superior Court.
The Grand Jury examines all aspects of county and city government, including special districts and joint powers agencies. The Grand Jury also receives and investigates citizen complaints concerning the actions and performance of public officials and agencies. Each session, the jury organizes itself into committees whose functions include investigation, analysis, reporting, findings, and recommendations.
GRAND JURY OF HUMBOLDT COUNTY
2007-2008 Final Report
The Grand Jury conducts proceedings in closed session. Breach of confidentiality is a misdemeanor punishable as contempt of court. All who appear before or communicate with the Grand Jury are also protected by strict rules of confidentiality. Further, the minutes and records of Grand Jury meetings are protected by law and can only be examined by subpoena or by the Presiding Judge.
Grand Jurors act as a body. Individually, a juror has no official power or authority and may take no official action without the prior approval and authorization of the jury majority. The Presiding Judge, the District Attorney, the County Counsel, and sometimes the state Attorney General act as advisors to the Grand Jury. The Grand Jury has authority to subpoena evidence as needed.
The Grand Jury publishes reports in order to make public the findings and recommendations resulting from its investigations. One continuing obligation of each Grand Jury is to monitor responses to the findings and recommendations made to relevant government entities by the prior jury. The purpose of the yearly review is to determine whether government officials responded in the manner prescribed by law.
Per California Penal Code 933(c), public governing bodies shall comment to the Presiding Judge of the Superior Court on the findings and recommendations of the Grand Jury report, within ninety days of report submittal to that agency. Elected officials shall respond within sixty days in the same manner.
Per California Penal Code 933.05(a), the responding person or governing body shall indicate one of two possible responses to each finding of fact:
Ø The respondent agrees with the finding.
Ø The respondent disagrees wholly or partially with the finding.
Per California Penal Code 933.05(b) PC, the responding person or governing body shall report one of the following actions for each recommendation:
Ø The recommendation has been implemented, with a summary regarding the action.
Ø The recommendation has not been implemented, but will be implemented in the future (including time frame for implementation).
Ø The recommendation requires further analysis (with a time-frame for completion).
Ø The recommendation will not be implemented because it is not warranted or is not reasonable (with explanation).
GRAND JURY OF HUMBOLDT COUNTY
2007-2008 Final Report
As previously mentioned, Grand Jurors serve for one year with each session commencing in July. Some jurors may serve a second year to provide continuity. Continuity also flows from documents and other materials maintained in the Grand Jury library.
If you are interested in serving on the Grand Jury of Humboldt County, please contact:
OFFICE OF THE JURY COMMISSIONER
Humboldt County Superior Court
825 5th Street, Room G03
Eureka, Ca. 95501
707-269-1270 or visit co.humboldt.ca.us/grandjury
Per California
Penal Code 839, prospective Grand Jurors must:
Ø Be a citizen of the United States, 18 years or older, and have been a resident of the county for one year immediately prior to session date.
Ø Be in possession of his or her natural faculties, of ordinary intelligence, of sound judgment, and of fair character.
Ø Possess sufficient knowledge of the English language.
A person cannot
serve as a Grand Juror if any of the following apply:
Ø The person is serving as a trial juror in any court of this state.
Ø The person was discharged as a Grand Juror in any court of this state within one year.
Ø The person was convicted of malfeasance in office or any felony or other high crime.
Ø The person is serving as an elected public official.
Desirable
qualifications for a Grand Juror include the following:
Ø Open-mindedness, with respect for the views of others.
Ø Ability to work with others.
Ø Genuine interest in community affairs.
Ø Investigative skills and an ability to write reports.
Ø Computer skills.
Grand Jury service calls for diligence, impartiality, courage, and responsibility. Selection as a Grand Juror is an honor and a unique opportunity to learn about government while providing a valuable service to the community.
The Grand Jury seeks to have members from all over the county who have diverse backgrounds, skills, and interest to assist with the work of helping county and local governments perform effectively, efficiently, and ethically.
Grand Jury of Humboldt County
707-476-2475
http://co.humboldt.ca.us/grandjury
All
information on this form is confidential.
Please write legibly and be specific.
Address:____________________________________________________
Telephone
Number and e-mail: _________________________________
Complaint
about which Agency, City, District, or County Department?
___________________________________________________________
Address/Location:
___________________________________________
Does complaint
involve specific official(s) or employee(s)?
Name(s):
___________________________________________________
Does complaint
involve a specific event? Date:
_______ Time: ____
Location:
___________________________________________________
Please state
your specific complaint, including names, locations, witnesses, and supporting
facts. Use the back and attach
additional sheets if necessary.
___________________________
Your signature is required here