Fresno Co. struggles to diversify grand jury

By John Ellis / The Fresno Bee


Fresno County's grand jury, the constitutionally mandated watchdog of local government, long has been dominated by white residents, older people and those who live in north Fresno -- and judges want to change that.

As Fresno County Superior Court officials gear up to assemble the next panel -- whose term begins July 1 -- they're looking for new ways to recruit minorities, younger people and non-Fresno residents.

"We want the broadest list of interested people," said Judge Robert Oliver. "If they show interest, we talk with them."

In Fresno County and elsewhere, former grand jurors talk to service clubs, ads are placed in newspapers, and judges always are asking for volunteers. This year, Oliver -- who heads the committee that interviews prospective grand jurors -- wants to expand those ads to smaller newspapers across the county.

The past two years of applications show the challenge ahead: 86% of those who filled out grand jury questionnaires were 55 or older, and 76% were white.

Each year, the grand jury has 19 volunteer members. This year, eight members are from Fresno's Old Fig Garden neighborhood or wealthier ZIP codes north of Shaw Avenue. Only one is from outside the Fresno-Clovis metropolitan area or its outskirts.

The current panel has one person who is Asian, three who are black and three who are Hispanic. It has 12 members who are white.

The grand jury is a civil jury that, under the state Constitution, investigates issues and makes recommendations on how government can better serve the people. That is why Selma resident and former grand juror Robert Gutierrez says diversity is so important.

"If the grand jury is the citizens' watchdog, we would like to be the watchdog for all the citizens," he said.

The county's civil Grand Jury does not hear criminal cases. Unlike some larger counties in the state, Fresno County does not have a permanent criminal grand jury.

Finding the time may be the biggest challenge of a civil grand juror. Service is voluntary, and state law is very broad about who can serve.

The basic qualifications include "sufficient knowledge of the English language" and being "in possession of natural faculties, ordinary intelligence, sound judgment [and] fair character."

Still, Fresno County received just 77 applications for the 2007-08 term and 76 for the 2008-09 term.

The challenges Fresno County faces are similar to those in county courts all across the state -- even in tony Marin County.

Catherine McKown, a Marin County resident who is vice president of the California Grand Jurors' Association, said the group's local affiliate there has formed an outreach committee to attract a more diverse pool of candidates.

"We've struggled with it, too," said Terry McNally, executive officer of the Kern County Superior Court. "There's a wide variety of things we are trying."

One innovative strategy in Kern is a video that was produced by former grand jurors that is shown to civil and criminal court jurors while they are waiting to be assigned to courtrooms.

Marin County produces a 30-minute television show that airs on the public-access cable network.

One challenge is the time commitment, which is the primary reason the demographic all across the state skews to retirees. If it attracts younger people, it is often spouses who don't have to work -- which often come from wealthier families, said John Kirihara, presiding judge in Merced County Superior Court.

McKown said the time commitment starts off at around five hours a week, but can grow to between 20 and 30 hours a week.

"We're making inroads, but you gotta keep plugging," said McNally, the Kern County Superior Court's executive officer. "We go back year in and year out and ask people to apply."

Part of the challenge is the state's penal code, which outlines all aspects of grand juries in each of the state's counties.

No matter how many people apply, the state's penal code sees to it that some luck will be involved, because it requires that no fewer than 25 and no more than 30 names go into a random drawing for 19 spots.

It means that judges must winnow the number of applicants down. And it also can play into the final racial, gender, age and hometown breakdown.

Still, the odds get better with more and varied applicants, advocates and court officials, said Sherry Spears, the juror services manager for the Fresno County Superior Court.

"I think the secret is all in getting the word out," she said.
The reporter can be reached at jellis@fresnobee.com or (559) 441-6320.

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