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Grand Jury

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1. What is the Grand Jury?

The present grand jury system evolved from the earlier ecclesiastical courts beginning in 1164 when King Henry II of England impaneled the first 16-man Grand Jury to remove criminal indictments from the hands of the church. In 1635, the first American Grand Jury was impaneled in the Massachusetts Bay Colony. By 1638, grand juries were present in all the colonies. These early Grand Juries began the practice of returning "presentments" which were primarily against public officials and different from criminal indictments.

Forty-two states use some form of the Grand Jury system. California is a State that allows prosecution to be initiated either by a Criminal Grand Jury indictment or by judicial preliminary hearing. The State of California impanels County Civil Grand Juries every year to conduct civil investigations of county and city government and to hear evidence to make recommendations or to decide to return indictments.

Secrecy and complete confidentiality are the sworn commitment of all Grand Jury members. This is to assure the protection and privacy of anyone coming before the jury with, or in response to, a complaint.

2. What is the Grand Jury Function?

The Mariposa Grand Jury is a judicial body consisting of 11 citizens. It is impaneled to act as an "arm of the court," as authorized by the Fifth Amendment of the United States Constitution and the Constitution of the State of California, to be a voice of the people and conscience of the community. A Civil Grand Jury is impaneled in Mariposa County each year in July. A Criminal Grand Jury may be impaneled in the County if deemed necessary by the Superior Court Judge.

The Grand Jury is charged with a grave responsibility. It serves as an ombudsperson for the citizens of Mariposa County. The entire population of the county is affected by an active Civil Grand Jury. Malevolent and unfaithful public servants feel uneasy because unlawful acts may be uncovered, while honest citizens and conscientious public servants are reassured that there is a "watchdog" over inappropriate and illegal activity. Therefore, Civil Grand Jury Service calls for diligence, impartiality, courage, and responsibility.

The Grand Jury submits meaningful solutions to a wide range of problems. It is a volunteer, fact-finding body with the potential to create positive and constructive changes. The Grand Jury is an investigative body created for the protection of society and the enforcement of the law. Although the responsibilities of the Grand Jury are many and diverse, the three prominent functions include:

A. Civil Government Oversight

This is the major function of the Mariposa County Grand Jury, and considerable effort is devoted to these responsibilities. The grand jury may examine all aspects of county government and special districts within the county to insure that the best interest of Mariposa citizens are being served. The Grand Jury reviews and evaluates procedures, methods, and systems used by county government to determine whether more efficient and economical programs may be employed. The Grand Jury is also authorized to:

Inspect and audit books, records and financial expenditures to ensure that public funds are properly accounted for and legally spent;

Inspect the financial records of special districts in Mariposa County;

Inquire into and inspect the condition of jails and detention centers in Mariposa County;

Investigate any charges of willful misconduct in office by public officials or County employees.

B. Citizen Complaints

As part of the civil function, the Grand Jury receives many complaints from citizens alleging mistreatment by public officials, suspicions of misconduct or governmental inefficiencies. All complaints received from citizens are reviewed and acknowledged in writing. If the subject of the complaint falls within the jurisdiction of the Grand Jury, and the Grand Jury as a whole sees fit, the complaint will be investigated. All complaints to the Grand Jury are kept confidential.

C. Criminal Investigations

Occasionally, under certain circumstances, a special Criminal Grand Jury is selected to hold hearings to determine whether evidence presented by the District Attorney is of a sufficient nature to warrant a person to stand trial in a court. The types of cases presented to the Grand Jury by the District Attorney usually include:

Cases involving public officials or employees

Cases involving police officers

Cases in which the statute of limitations is about to expire

White collar crimes, and

Other cases the District Attorney deems appropriate

The grand jury is also authorized to:

1. Inspect and audit books, records and financial expenditures to ensure that public funds are properly accounted for and legally spent;

2. Inspect financial records of districts in Mariposa County;

3. Inquire into the conditions of jails and detention centers;

4. Inquire into any charges of willful misconduct in office by public officials or employees.

3. What does the Grand Jury do?

The Grand Jury:

Will objectively investigate, audit, or examine all aspects of County government, and its cities, to ensure that these bodies are being effectively governed and that public monies are being judiciously handled.

May subpoena persons and / or records to obtain information on subjects under investigation.

Is sworn to complete confidentiality, as it pertains to complaints, witnesses, or content of investigative matters. They may not disclose any information they receive within the confines of the jury or the identity of anyone appearing before them, unless permission is given.

May conduct criminal hearings to hand down criminal indictments. After hearing evidence presented by the District Attorney’s office, an affirmative vote of at least 9 out of 11 jurors is necessary to indict. All hearings pertaining to criminal cases are conducted in complete secrecy regardless of their outcome.

The Grand Jury is empowered in Three Areas

1. The Grand Jury investigates aspects of county government’s functions and duties, county departments, county officials, service districts, and special districts funded in whole or in part by public monies.

2. The Grand Jury reviews criminal investigations and returns indictments for crimes committed in the county. When an indictment has been voted, the case proceeds through the Criminal Justice System.

3. The Grand Jury may bring formal accusations against public officials for willful misconduct or corruption in office. These accusations can lead to removal from office.

4. What is the Grand Jury’s Jurisdiction?

The jurisdiction of the Mariposa County Grand Jury is limited by statute and has no jurisdiction or authority to investigate any Federal or State agencies. Grand Jury jurisdiction extends to the workings of Mariposa County Government, Special Districts, Joint Powers Agencies within the County, and County Public Officials.

5. How is the Grand Jury structured?

The presiding judge selects a foreperson for the Jury.

The foreperson then selects the foreman pro-tem, the recording and corresponding secretaries and a sergeant-at-arms.

Committees are then formed with each juror serving on several committees.

These committees include:

• Administration and Audit Committee


• County Services and Special Districts Committee


• Continuity and Tracking Committee


• Edit and Final Report Committee>/li>
  
• Health, Education and Social Services Committee


• Law, Justice and Public Safety Committee


• Public Relations and Recruiting Committee


• Complaint Review

These committees conduct the majority of the work concerning investigations. A general business meeting is held monthly with all Grand Jury members present to coordinate activity. Grand Jurors are a diverse volunteer group of citizens from all five County districts. A mix of ethnic, gender, age, and economic differences best serves the community.

6. Who can be a Grand Jury member?

The Mariposa County Grand Jury is a body of citizens, who are independent of any political or special interest group. No law degree or specific credential is necessary to be a Grand Jury member, though an avid interest in preserving honest and proper conduct of all governmental agencies within Mariposa County is essential. Grand Jurors should also possess the desire to ensure that all monies, within these areas of government, are being handled prudently and in the best interest of Mariposa County residents.

Members of the Grand Jury are selected from applicants who:

Are citizens of the United States
Have resided in the County of Mariposa for the past year

Are 18 years of age or older

Have sufficient knowledge of the English language

Have not served as a Grand Juror in any other county in California within the past year

Have never been convicted of malfeasance in office or of any felony

Are not currently serving as an elected public official

Are open-minded with concern for the positions and views of others.

Have an interest in community affairs and the ability to work with others
An application to serve on the Grand Jury may be requested from the Mariposa County Superior Court by contacting:

Mariposa County Superior Court
Grand Jury
P.O. Box 789
Mariposa, Ca. 95338

7. How are Grand Jury members selected?

Grand Jurors are selected at random from a pool developed from voter registration and Department of Motor Vehicle records, as well as from interested individuals who apply and are nominated by the Superior Court Judge. From this pool, the Presiding Judge conducts interviews and chooses 30 individuals. Eleven of the 30 are then randomly chosen to serve on the Grand Jury.

These 11 concerned county citizens are then impaneled for one year beginning July 1, with the option of holding over for one additional term.

8. Who can request a Grand Jury Investigation?

Any citizen of Mariposa County, including county officials or employees may submit signed complaints to the Grand Jury. A Complaint should be submitted IN WRITING and should include specific information regarding allegations, and any related documentation.

The Jury Investigates…

Possible felonies
Charges of malfeasance (wrong doing)
Misfeasance (a lawful act in an unlawful matter)
Nonfeasance (failure to perform a required act by public officials)
All Correspondence will be acknowledged and will remain confidential. Complaints will receive notice of any action taken by Grand Jury.

9. How can I contact the Grand Jury?

Mariposa County Grand Jury
P.O. Box 789
Mariposa, Ca. 95338
Email

10. How to file a complaint:

Anyone may ask the Grand Jury to conduct an investigation. The jury generally limits investigations to the operations of governmental agencies, charges of wrongdoing within public agencies, or the performance of unlawful acts by public officials. The Grand Jury cannot investigate disputes between private parties.

A complaint form may be obtained by contacting:

County Clerks Office

Downloading the Grand Jury Complaint Form

The Grand Jury reviews all complaints and investigates when appropriate. Each complaint is treated confidentially, and must be in writing.

Please first consider if your complaint falls within the jurisdiction of the Grand Jury as outlined above, and include your name, address and phone number as well as your signature.

11. What is the Final Report?

The Grand Jury issues its final report each year in late June. The report is available to all county residents, and is delivered to the news media and to the heads of affected government agencies. Affected agencies are required to the report findings and recommendations within 60 to 90 days.

Some findings and recommendations are the result of citizen complaints. County officials are required by law to respond to the recommendations of the Grand Jury. Every citizen is encouraged to study this report.

The Grand Jury may release individual reports as they are completed during the year. Mariposa County Grand Jury reports are available at the County Library and on the Web at: Grand Jury Reports