The Grand Jury And Its Function

The Grand Jury is one of the oldest, most respected, and powerful civil institutions in the United States. More than 40 states have some form of the Grand Jury. The State of California mandates that 19 randomly selected citizens be empanelled every year as a Grand Jury in Santa Cruz. 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:

• To examine all aspects of city and county governments and special districts by initiating its own investigations.
• To serve as ombudsmen for the citizens of the cities and county. A person can request the help of the Grand Jury by writing to:

  Santa Cruz County Grand Jury
  701 Ocean Street, Room 318-I
  Santa Cruz, CA 95060
  454-2099
  grandjury@co.santa-cruz.ca.us

• To conduct criminal investigations and, if the evidence is sufficient, issue criminal indictments in lieu of a preliminary Supreme Court hearing.

The Grand Jury Process

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 its 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 governmental 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 interest of Santa Cruz 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 all matters discussed before the Grand Jury and votes taken, to be kept private and confidential. The end result of inquiries into civil matters are released to the public in the form of a final report which is approved, prior to 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 jails with 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 a 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 Santa Cruz County Board of Supervisors within 90 days after the final report is released.

Requirements to Become a Grand Juror

Grand juror candidates must meet all of the following qualifications:

• Be a citizen of the United States.
• Be at least 18 years old.
• Be a resident of Santa Cruz County for at least one year immediately prior to selection.
• Exhibit intelligence, sound judgment, and good character.
• Must not be serving as a trial juror in any California court.
• Cannot have been discharged as a grand juror in any California court within one year of the beginning date of service.
• Cannot have been convicted of malfeasance in office, any felony or other high crime.
• Cannot be serving as an elected public official.

Grand Jury Selection Process

The law states that there shall be 19 members of the Grand Jury with six alternates. Candidates are drawn randomly from the same pool from which regular trial jurors are selected. Potential grand jurors are given information about Grand Jury duties and the time commitment required. Prospective grand jurors are invited to attend an orientation presented by the Jury Commissioner and members of the Grand Jury.

Officers of the court interview each candidate, usually twice, to reduce the number to 30 — five from each supervisorial district. The final selection is made by a random drawing of names. Upon approval by the court, up to 10 members of the previous Grand Jury may carry over to the following year.

Members of the Grand Jury represent a cross-section of ages, occupations, ethnic groups and geographic regions of the county.

Time Commitment

The Grand Jury convenes July 1 through June 30 of the following year, is paid per diem ($15 per day) for those days when the juror attends meeting with a maximum of three days per week, and is provided free parking at the County Government Center. Mileage is reimbursed for travel between jurors’ residences and the Grand Jury office in the County Government Center, and for travel on Grand Jury business (currently 32.5¢ per mile).

Grand Jury Officers

Grand Jury officers and duties are:

• 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 general assistant to the foreperson in all matters, keeps an accurate record (minutes) of the proceedings of each meeting.
• Corresponding Secretary is responsible for incoming and outgoing mail.
• Treasurer provides jurors with reimbursement forms and collects these forms at the end of each quarter, handles all bills received by the Grand Jury.

Grand Jury Committees

The work of the Grand Jury currently is done by its seven committees and by ad hoc committees, which are formed in response to special needs.

• Audit and Finance reviews the financial operations of city and county agencies.
• Cities and Other County Agencies has primary responsibility for examining city and county government agencies.
• Continuity is not an investigative body. It manages the internal functions of the Grand Jury.
• Criminal Justice is responsible for monitoring all aspects of the criminal and juvenile justice systems and personnel.
• Health and Human Services is responsible for all aspects of physical and mental health services as well as social services in cities and the county.
• Schools and Libraries focuses on schools and school districts, libraries and the County Office of Education.
• Special Districts deals with special functions such as ports and harbors, fire, water, recreational and other independent purposes.
• Special Charge initiated by the Superior Court Judge and normally includes all Grand Jury members.

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