Friday, March 21, 2014

Lew’s Views: Behind the Scenes of the Orange County Grand Jury

By Lew AveraLast month I suggested grand jury service as an opportunity of a lifetime. In so doing, I provided background information on the derivation, statutory background and other information, but little on the real dynamics of full time service for a year on our local Orange County Grand Jury. Briefly, some of those are below.
Grand jury members are selected from across the county. They represent a very wide and diverse range of experiences and perspectives. The foreperson of the jury is selected by the court, however, other positions such as pro tem, secretary, committee chairs, etc. are selected by the jury members themselves. These kind of organizational dynamics require a very high level of teamwork and collegiality. It doesn’t mean that all members have to see eye-to-eye or agree on everything. Quite the contrary. The law requires that public actions and decisions be made with a vote of at least 12 of the 19 members. Should we not agree with the “supermajority” vote, crucial is the ability to put the issues behind us and move on to the next matter of business. Among the sterling rewards of serving are the potentially lasting relationships and friendships with fellow jurors developed through serving and working together for the year.
The county grand jury is organized into six “investigative” committees of six members each. Each member of the jury serves on two of these committees. In addition, there are two larger committees, editorial and orientation, which provide support to the entire jury. The activities of the six investigative committees represent the major time commitment of the jury members over the year.
For the first several months, a significant amount of time is spent with all 19 members together, organizing and determining topics for investigation, bringing in outside speakers and making site visits to county organizations. As time goes on and investigative topics are determined, the majority of time will be spent working in the six member committees actually conducting interviews, accomplishing the investigations and writing the actual investigative reports.
In carrying out their work, jury members are, by law, sworn to “secrecy for life” for all matters and information coming before the jury. In this same sense, the jury has no outside parties telling it what to do or looking over its shoulder. The grand jury is a completely independent body. Its advisors include a supervising judge, primarily for administrative matters and the final sign off on investigations, but not for operational or decision making supervision. In addition, the CountyClerk, District Attorney, and state Attorney General, may act as “legal advisors” and are available to the jury only at the jury’s request. One exception to this rule is the role of the District Attorney in bringing criminal indictment hearings to the jury. This is done at the request of the DA to the jury and with the jury’s cooperation. The DA does all the investigative work, develops all of the evidence and brings the case to the jury via a closed and secret hearing. The jury makes the decision to forward for trial based upon the DA’s work.
Given the above, you can see that the jury members are working closely with each other   for a full year. Again, you are encouraged to apply and serve. More information is available online at www.ocgrandjury.org. In addition, I am happy to answer questions, and can be reached at lewavera@cox.net.

Lew Avera is a retired career officer, Lt. Col., U.S. Marine Corps. He was a resident of San Clemente in 1963-1965 while serving as a Company Commander at Camp San Mateo. He returned to San Clemente in 2001 when he retired from PricewaterhouseCoopers as a senior managing director. He has been a director of the Talega HOA since 2003, was foreperson of the Orange County grand jury in 2004-2005 and served on the San Clemente Planning Commission from 2005 to 2013.


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