San Mateo County
Association of Grand Jurors

FORWARD

The events and destiny of our country in the future will be in the hands of our youth of today. Therefore, it is imperative that the core values of our society, our traditional institutions and our rules of law be perpetuated from one generation to another in order to sustain the democracy our citizens enjoy today. The goal of this unit of study is to provide students and teachers with basic information about the grand jury system in California. We are hoping that they will delve further into the workings of county juries when they discover how important this service is to them and all the residents in their county. Some of the information found in this unit of study can also be reviewed in length at www.cgja.org. The following information is a summation that outlines the basic knowledge necessary to understand the composition, functions, purpose and responsibilities of grand jurors. It has been developed by educators and citizens who have served as grand jurors in San Mateo County.

Superior Court Presiding Judge:

Elected by peers on the Superior Court Bench. This position is rotated between the entire Bench. Any Superior Court Judge can request the position. Every judge is a potential for this position and judges take their turn. The presiding judge does not act without suggestion and assistance from colleagues. The presiding judge strives to achieve as much consensus as possible. The operation of Superior Court Judges is truly a team effort.

Foreperson/Foreperson Pro Tempore:

Appointed by the presiding superior court judge or selected by the members of the Grand Jury.  Can be appointed for more than one term.  When the foreperson is absent, the foreperson is replaced by the Foreperson Pro Tempore.

MAJOR FUNCTION

The major function of the County Civil Grand Jury is to serve as the public "watchdog" of county government, cities and special districts. The word "watchdog" connotes close scrutiny. The Grand Juror while performing sundry duties, learns to seek, analyze and protect.

ADDITIONAL REFERENCES

Grand Jurors are the conscience of the community. They are an arm of the court and provide government oversight. They protect the citizens of their county from unscrupulous government wastes, unacceptable government management, misconduct of government officials and employees, audit county spending, and inquire in the conditions and management of county jails.

SKILLS REQUIRED OR LEARNED

Investigation techniques, the art of questioning, proving and substantiating findings, writing final reports, editing reports, and learning the functions of government will be some of the end results expected of grand jurors.

Where to find Information About
the Grand Jury System

GENERAL SITES

1. Browsing search engines available on Internet such as askjeeves.com will result in obtaining an abundance of information regarding the civil, petit and grand juries.

2. Request a copy of the County Grand Jury Training Manual or manuals prepared by the county in which you live. These manuals are your best resource when you want to learn what a grand juror must know to serve with confidence.

3. Make an appointment to interview the present grand jury foreperson or invite a former grand juror to speak to your class.This can be done by phoning the Executive Secretary of the County Grand Jury or County Court Secretaries. You can also contact the president of County Grand Jurors’ Association who may function in your county or write to the President of the California Grand Jurors Association via email: www.cgja.org.

QUESTIONS THAT WILL REQUIRE THE STUDENT TO SEARCH FOR THE ANSWERS

1. How can a citizen apply to serve on a civil grand jury?
2. What is the difference between a criminal grand jury and a civil grand jury? Petit jury?
3. What is the role of the Foreperson?
4. What areas of government can be investigated by the civil grand jury?
5. Write a valid letter of complaint.
6. What are the functions of the Grand Jury?
7. What are the responsibilities and powers of the Grand Jurors?
8. Explain the meaning of "conflicts of interest."
9. Explain the conduct of grand jurors.
10. When can a grand jury be dissolved?  Who has the authority to do this? Name one county in California in which this has happened.

RELIABLE OUT OF CLASS TEACHER ASSIGNMENTS

1. Extra credit projects
2. Current event reports
3. Library research options
4. Term Paper
5. Debate topic
6. Role playing

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DIFFERENTIATING GRAND JURIES

In most counties, the oversight body is called the Civil Grand Jury. Its primary role is to assess the performance of local governmental agencies and officials and to publish findings and recommendations. It also investigates complaints concerning agencies and officials. In rare instances, it issues Accusations when it finds willful or corrupt misconduct in office. The Civil Grand Jury does not have legislative, administrative, or police powers.

In most counties, weighing allegations of misconduct against public officials and determining whether to present formal Accusations requesting their removal from office or weighing criminal charges and determine if indictments should be returned, is the responsibility of the County District Attorney. However, the County District Attorney has the authority to empanel a Criminal Grand Jury. The County District Attorney has two options in the manner by which the Criminal Grand Jury is empanelled.The District Attorney may empanel the existing Civil Grand Jury or he/she may choose to empanel a Criminal Grand Jury by selecting jurors from the regular petit court jury pool. In essence, it is possible to have two Grand Juries empanelled- Civil and Criminal - at the same time having different functions.

THERE ARE THREE GRAND JURIES IN THE STATE OF CALIFORNIA
1) The Civil Grand Jury 2) The Criminal Grand Jury and 3) The Federal Grand Jury (www.ca9.uscourts.gov).
Grand Jurors do not convene as "Trial Jurors". County Grand Jurors and Federal Grand Jurors are an investigative body of jurors and an arm of the law.  Civil Grand Jurors make recommendations to improve county and city governments; Criminal and Federal Grand Jurors indict alleged citizens who are accused of violating state or federal laws.

Trials of citizens who have been indicted by County Criminal Grand Jurors, are tried in County Petit Courts.   Trials of citizens who have been indicted by the Federal Grand Jurors are tried in District Courts

For additional information regarding the Federal Grand Jury, we suggest you visit search stations like askjeeves.com and in the space provided type the question, "What is a Federal Grand Jury?" You can also visit the web site ( www.udayton.edu/~grandjur/) of Dr. Susan Brenner, Federal Grand Jury Historian Specialist . Her web site covers every facet of the Federal Grand Jury System throughout the United States.

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Selection of Grand Jurors Makes a Difference

In California, civil grand jurors may be recommended or volunteer to serve. They are interviewed by the Presiding Grand Jury Judge. The final selection of grand jurors is done by a random drawing of names from a ballot box. Nineteen jurors are selected to serve for one year.

The selection of petit court juries is quite different. They are selected at random by the jury commissioner from the voter registration rolls, and are summoned to report to the courthouse to determine if they will be selected to serve the court. Petit jurors’ terms on the jury varies. They may serve one day or months depending on the offense of the accused. Crimes can range from robbery to homicide. Typically, the more serious the crime, the longer the petit jury may serve.

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