Monday, July 26, 2010

Despite law, county officials cool to new San Bernardino grand jury

James Rufus Koren, Staff Writer
Posted: 07/20/2010 05:39:24 PM PDT

San Bernardino County leaders are applauding a new law that will allow the county to have more than one grand jury, but it's not clear if or when the law might be used.

The law, signed last week by Gov. Arnold Schwarzenegger, gives the county's presiding judge the ability to create a second civil grand jury that would be able to investigate government entities in the county.

But Presiding Judge Douglas Elwell said he has no plans on calling for another grand jury.

"I'm not required to empanel a second grand jury," Elwell said. "I don't have any current plans to do so."

Earlier this year, at the urging of the San Bernardino County Board of Supervisors, Assemblyman Paul Cook, R-Yucaipa, introduced a bill that would allow the county to call an additional grand jury.

He said the bill - now a law - was important because doubling the number of grand juries would allow jurors more time to investigate the goings-on of county and local government entities.

In March, Supervisor Paul Biane testified at an Assembly Public Safety Committee hearing, advocating for the law.

After the law was signed last week by the governor, Supervisor Brad Mitzelfelt said he supports the move and believes an additional grand jury will improve oversight of local government.

"As the largest county in the nation, with 24 cities and dozens more special districts and other government boards, there is more than enough work for two or three grand juries," Mitzelfelt said. "By having more than one grand jury, the jurors will be able to spend more time on complex issues affecting government agencies throughout the county."

In a statement earlier this month, Cook said, "Oversight and investigation of government goes hand-in-hand with the basic democratic principals we hold so dearly, and this bill will make sure this happens in the county."

But that's not quite true. Cook's bill allows for a second civil grand jury, but it does not require it.

The presiding judge can call for an additional grand jury and the district attorney can ask for one, but someone has to go out of their way to create one. And so far, neither Elwell nor the District Attorney's Office are champing at the bit.

Elwell said he doesn't know what might lead him to call for a second grand jury.

"If the Grand Jury or the Grand Jury commissioner or interested citizens were to come to me and say they feel there are certain issues that should be investigated or where there's a need for additional oversight, I'd look at it," he said. "But as to what those issues might be, I have no idea."

Assistant District Attorney Dennis Christy said his office hasn't discussed asking for another civil grand jury.

"In the future, as to whether there's a need for a second grand jury, we'd have to explore that," Christy said. "I can't say we won't, but it's not something we've discussed or contemplated."

The county's budget, he said, is part of the issue.

"There is a cost associated with any grand jury you assemble," Christy said. "Right now, that's something that is heavy on our minds."

The Grand Jury has a budget of $490,000 this year, and Supervisor Neil Derry said the county should spend money on a new ethics commission rather than on a second grand jury.

"A program without a budget doesn't do you much good," Derry said. "I would rather use that budget on something new rather than on doubling the size of an existing organization that already does a pretty good job of keeping an eye on us but that doesn't have any real policing authority."

Rather than creating a second grand jury, Derry said the county should simply allow the grand jury to serve for two years. Jurors now sit for one year, with some exceptions.

Biane said the supervisors should talk to Elwell about finding money for an additional grand jury.

"Now that this law has been enacted, it's time for the Board of Supervisors to actively engage the presiding judge to try to set forward what a proposed budget would be," Biane said.

Read more: http://www.sbsun.com/news/ci_15561725#ixzz0uo5LTbwb

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