Q: The news is so full of indictments being handed out by grand juries. Just what is a grand jury and who serves on them?

A.J., Tustin

Ron Sokol

A: Here in California, each county is required by law to impanel a grand jury consisting of 19 or 23 members, depending upon the population in the specific county. The members of the grand jury typically are to serve for a term of one year.

The function of the grand jury is to investigate and report on civil and criminal matters within the county. Thus, the primary function of a grand jury is divided into civil investigations (such as with regard to operations of various officers, departments and specific agencies of local government), and, on the other hand, evaluating and deciding whether a criminal indictment should be issued after consideration of testimony and evidence presented by a prosecutor.

The grand jury consists of civic-minded people who can apply to serve or who are selected from mailings to the community (applications are then filled out and submitted). The selection process is handled with significant care so that hopefully a representative group is selected.

The following is a good definition of a grand jury: “(A) grand jury is a short-lived, representative, non-political body of citizens functioning without hope of personal aggrandizement. It comes from the citizens at large and soon disappears into its anonymity without individual recognition or personal reward.”

Q: How does a criminal indictment come about from a grand jury?

T.D., Torrance

A: The process involves a prosecutor (or prosecution team) presenting testimony and evidence to the grand jurors who, in turn, evaluate its strengths or weaknesses. Bottomline, the question to be answered is: Does the grand jury find there is probable cause to issue an indictment?  Probable cause means enough objective facts are found to support the prosecutor’s claim.  An indictment itself is a document that signals the commencement of a criminal proceeding by setting out the crimes the defendant is accused of committing and explaining the jurisdiction of the court.

Note that the grand jury has a basic tool to assist its determination: Subpoenas can be issued that require witnesses to testify. Typically, the witness is questioned by the prosecutor in private before the grand jury. The witness cannot have his or her attorney present (except possibly outside the room).

Q: Are grand juries fair?

F.W., San Gabriel

A: I would say yes. With regard to potential criminal charges, the grand jury is to act as a check on the power of a prosecutor. If the jurors are not sufficiently persuaded, no indictment should be issued. On the civil side, the grand jurors are to carefully investigate and determine if there is reason to recommend or take action against or with respect to a public official or agency.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator.  It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.

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