Santa Clara County Civil Grand Jury
Current Civil Grand Jury Members:
Click to open the list of
Civil Grand
Jury members for 2008-2009
2007-2008 Final Reports:
(PDF Format*)
Previous Civil Grand Jury Reports 2001-2007: Civil Grand
Jury Report Archives
Complaint forms:
HISTORY
The concept of juries dates back to Norman times
in the eleventh century. By 1215 the jury concept had evolved into a
guarantee expressed in the Magna Carta that no freeman would be
“imprisoned or [dispossessed] or exiled or in any way destroyed...except
by the lawful judgment of his peers….” In the United States, the
Massachusetts Bay Colony impaneled the first grand jury in 1635 to
consider cases of murder, robbery, and wife beating. The U.S.
Constitution's Fifth Amendment and the California Constitution call for
grand juries. Grand juries were established throughout California during
the early years of statehood. As constituted today, the grand jury is a
part of the judicial branch of government, an arm of the court.
FUNCTIONS
The Civil Grand Jury is an investigatory body
created for the protection of society and the enforcement of the law.
Although the responsibilities of a juror are many and diverse, the three
predominant functions include:
CIVIL WATCHDOG RESPONSIBILITIES
This is the major function of present day grand
jurors, and considerable effort is devoted to these responsibilities.
The Grand Jury may examine all aspects of county and city government
and special districts to ensure that the best interests of Santa Clara
county citizens are being served. The Grand Jury reviews and evaluates
procedures, methods and systems utilized by county/city 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 financial records of over 25 special
districts in Santa Clara County.
- Inquire into the conditions of jails and
detention centers.
- Inquire into charges of willful misconduct in
office by public officials or employees.
Most Grand Jury “watchdog” findings are
contained in reports describing problems encountered and making
recommendations for solutions.
During its term, the Grand Jury may issue final reports on the
operations of Santa Clara County government. The County Board of
Supervisors must comment upon the Grand Jury’s recommendations.
CITIZEN COMPLAINTS
As part of the civil function, the Grand Jury
receives letters from citizens alleging mistreatment by officials,
suspicions of misconduct, or governmental inefficiencies. Complaints
received from citizens are acknowledged and investigated for their
validity. Such complaints are kept confidential. If the situation
warrants, and corrective action is under the jurisdiction of the Grand
Jury, appropriate action is taken.
CRIMINAL INVESTIGATIONS
Occasionally and under certain circumstances,
the Grand Jury holds hearings to determine whether evidence presented
by the district attorney is of sufficient nature to warrant persons
having to stand trial in court. A minimum of 12 jurors must vote for
an indictment in any criminal proceeding. The types of cases presented
to the grand jury by the district attorney usually include:
- Cases involving public officials, employees
or police officers.
- Other cases the district attorney deems
appropriate.
QUALIFICATIONS
Prospective grand jurors must possess the
following qualifications (Penal Code Section 893):
- Be a citizen of the United States of the age of
18 years or older who shall have been a resident of the county for one
year immediately before being sworn.
- Be in possession of his or her natural
faculties, or ordinary intelligence, of sound judgment and of fair
character.
- Possess sufficient knowledge of the English
language.
A Person is NOT competent to act as a grand juror
if any of the following apply:
- The person is serving as a trial juror in any
court of this state.
- The person has been discharged as a grand juror
in any court of this state within one year.
- The person has been convicted of malfeasance in
office or any felony or other high crime.
- The person is serving as an elected public
official.
Desirable qualifications for a grand juror include
the following:
- Open-mindedness, with concern for the views of
others.
- Ability to work with others.
- Genuine interest in community affairs.
- Investigative skills and an ability to write
reports.
SELECTION
In the spring of each year Superior Court Judges
seek volunteers to apply for service on the Grand Jury.
The Superior Court Judges nominate thirty
prospective grand jurors from the pool of applicants, divided among the
county’s supervisorial districts. These people are invited to appear
before the Presiding Judge of the Superior Court. At this time, with the
outgoing Grand Jury in attendance, nineteen names are drawn randomly.
All nineteen members are sworn in and given a description of their
duties and responsibilities by the Presiding Judge. These citizens serve
a one-year term.
COMMITMENT
Persons selected for Grand Jury service must make
a time commitment of a minimum of three days per week (20-25 hours) for
a period of one fiscal year. It is not uncommon for Grand Jury members
to devote four and sometimes five days per week to their duties.
REMUNERATION
Grand Jurors receive per diem of $20 for meetings
and Grand Jury activities, and mileage reimbursement.
ORIENTATION
An orientation program about county and city
government and other county entities is provided to those selected for
Grand Jury service.
WHY BECOME A GRAND JUROR?
Those who are asked to serve on the Grand Jury
feel privileged to be selected. They enter this service with interest
and curiosity in learning more about the administration and operation of
the government in the county in which they live.
Although serving as a grand juror consumes many
hours, those who serve are willing to give their time for the betterment
of the government which, in truth, belongs to them.
If and when you are asked to serve as a Grand
Juror, step up to your responsibility, accept the appointment and
represent the community in which you live.
Santa Clara County residents are urged to apply
for service on the Grand Jury. Information may be obtained from:
Office of the Civil Grand Jury
Superior Court of California
County of Santa Clara
191 North First Street
San Jose, CA 95113
408-882-2721
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