Daniel B. Jeffs
Posted: 05/14/2011 07:11:19 AM PDT
The people of San Bernardino County should be grateful to their grand jury and District Attorney Michael A. Ramos for tirelessly investigating and rooting out the political corruption that has plagued our county for so long. Indeed, those who seek political power, seemingly for noble purposes, are too easily corrupted by exercising, then abusing that power.
Most people believe that the purpose of grand juries is to hand down criminal indictments. However, most grand jury work is accomplished by the county civil grand jury of 19 members - serving a one-year term - which investigates county and city government operations, including special districts and elected boards of public entities. For those who do not fully understand the importance of grand juries, they are the volunteer citizen watchdogs for the people's interests in maintaining honest, efficient and effective local government.
Lest we forget, it was our grand jury that investigated and issued a critical report against former supervisor, then county Assessor Bill Postmus, which ultimately resulted in criminal complaints and criminal grand jury indictments in the Colonies corruption cases.
However, there is a clear and present threat to California's grand jury system. As a former grand jury member, I am deeply concerned by Assemblyman Roger Dickinson's Assembly Bill 622 - proposed legislation that would amend Section 939.1 of, and add Sections 939.5 and 939.22 to the Penal Code, relating to grand juries - which would seriously undermine grand juries and change the way they operate.
An April 7 Sacramento Bee editorial, "Bill to undercut Civil Grand Jury is Misguided," correctly noted that "civil grand juries play a vital watchdog role over local government. They have exposed corruption, protected taxpayers and spotlighted important issues."
Dickinson's legislation would require sworn testimony be taken in public, and would allow those testifying under oath to have their lawyers present.
In other words, sweeping changes that would reverse much of grand jury authority and the necessary closed sessions of grand jury operations.
Surely, Dickinson's assertion that grand juries are a secret "star chamber" system abusing their power is absurd. Indeed, the abuse of power more aptly describes what too many legislators and other elected officials do when gaining the personal power of public office. Power that is too often subject to conflicting selfish interests.
It is more than apparent that Dickinson's allies, including the Conference of Bar Associations, have members who would clearly benefit from representing those called before grand juries to give testimony. That conflict and other unnecessary costs of open sessions would further drain the limited budgets of grand juries.
Certainly, the people's interests are well-served by grand jury watchdogs over local government operations. Grand jury systems throughout the country have been under attack by questionable interests of elected and unelected government officials who resist public accountability - no less than the attacks on the people's right to voter initiatives and referendums.
The Legislature should not pass A.B. 622. Indeed, people in government should be reminded that, California's Constitution, Article II, Section 1 (Purpose of government) clearly states that "All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require."
Fortunately, the Assembly Appropriations Committee has just indicated that because of the costs of the bill, A.B. 622 has been placed in "suspense file" where it can languish forever, or move out to a vote. Credit must be given to the California Grand Jury Association for extended efforts in opposing A.B. 622. If it were not for concerned citizens calling our elected officials to task, this power grab might have slipped by into law, as too many others have.
Under the dire economic and budget circumstances of inept California government, now would be the appropriate time for an initiative to allow voter signatures to be collected over a secure Internet system to qualify voter-initiated propositions for the ballot, and to vote on them.
Among the first ballot initiatives should be a proposition to strengthen California's civil grand juries on behalf of the people.
Daniel B. Jeffs lives in Apple Valley.
http://www.sbsun.com/pointofview/ci_18064083
No comments:
Post a Comment