August
3, 2014
Marin
Independent Journal
By Judge Faye D’Opal
The concept of a grand jury, an investigatory
body created for the protection of society and the enforcement of the law,
dates back to the 11th century.
By 1215 the Magna Carta included a guarantee
that no freeman would be "imprisoned or exiled or in any way destroyed,
except by the lawful judgment of his peers."
In 1635, the Massachusetts Bay Colony impaneled
the first U.S. grand jury to consider cases of murder, robbery, and wife
beating. The U.S. Constitution and the California Constitution call for grand
juries.
There are two types of grand juries in
California: criminal grand juries that review allegations of criminal conduct;
and civil grand juries that investigate the workings of local government.
The 19 members of Marin's civil grand jury
are charged with examining and evaluating procedures and systems of all aspects
of county and city government and special districts to ensure that the best
interests of Marin County citizens are being served.
The civil grand jury may inspect financial
transactions to ensure that public funds are properly accounted for and legally
spent; inquire into the conditions of jails and detention centers; inquire into
charges of willful misconduct in office by public officials or employees;
review public programs and initiatives to ascertain whether they are effective,
and investigate and take action on confidential writings from citizens alleging
concerns about officials or governmental entities.
In these times, the independent and objective
consideration of facts brought before the civil grand jury remain confidential
and jurors shall not at any time in their lifetime reveal the business of the
jury to anyone.
Most of its "watchdog" findings
describe issues pertaining to local governments and make recommendations for
solutions.
During its term, the civil grand jury
identifies specific issues that will be investigated by the jurors and final
reports on the issues will be made available to the public.
Our county Board of Supervisors, as well as
city and special district governance bodies, must comment on the civil grand
jury's recommendations.
Each year, Superior Court judges, assisted by
the Marin County Chapter of the California Grand Jurors' Association, seek
volunteers to apply for service on the civil grand jury. Applications are
sought from women and men of diverse socioeconomic levels and ethnic groups,
ages 18 to 90. After applicants are interviewed by the court's judges,
qualified prospective grand jurors are selected for service by placing their
names in a lottery draw, conducted by the court.
Besides the opportunity to get an intimate
look at how our local government works, the randomly selected residents
appointed each year by the court's presiding judge work together, reach
consensus and publish their detailed reports and recommendations.
For the individual who serves on the civil
grand jury, it is a valuable learning experience about our community and a
genuine contribution toward the betterment of our local government. The work of
our civil grand jury is truly democracy in action.
The complex, diverse responsibilities of
civil grand jurors requires a serious commitment to 15-20 hours per week over a
period of 12 months.
Meeting facilities, parking, a nominal
stipend, and reimbursement at regular county rate of mileage to and from
meetings are provided.
For more information or to obtain a grand
jury application, contact Patti Church, aide to the grand jury, Marin County
Civil Grand Jury, 3501 Civic Center Drive, Room 275, San Rafael 94903, or
contact her at 473-6132 or by email at PChurch@marincounty.org.
Judge Faye D'Opal is the presiding judge of
the Marin County Superior Court.
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