[Napa County] Grand jury’s work is serious business

With this edition of the Napa Valley Register, readers will find the Consolidated Report of the 2017-2018 Napa County Grand Jury. It represents a yearlong collaborative effort of 25 jurors and alternates together with our advisors—County Counsel, District Attorney, Attorney General and the Superior Court. Those who wished to serve applied to the court in the spring 2017. The judges selected the final applicants who became the 19 jurors and their alternates. The court appointed the foreperson.

The workings of the grand jury are often misunderstood because of the strict confidentiality provisions the Legislature has placed on them. By law, grand jurors cannot ever reveal matters discussed in deliberations or investigative sessions. Likewise, grand jurors may not be questioned about anything jurors may have said or done relative to a matter pending before the jury.

The California grand jury has three basic functions: to weigh criminal charges and determine whether indictments should be returned; to weigh allegations of misconduct against public officials and determine whether to present formal accusations requesting their removal from office; and to act as the public's “watchdog” by investigating and reporting upon the affairs of local government. This latter function comprises the vast majority of the jury’s work as reflected in our Consolidated Report published today.

The grand jury has no fixed set of investigations it must conduct but it must limit itself to local affairs at the county and city level. Each successive jury selects its topics. Citizen complaints often trigger an investigation and the jury must at least inquire as to all credible allegations of official misconduct.

A grand jury investigation and subsequent report is serious business. Governing statutes prohibit jurors from acting alone and require jurors to verify the information that forms the basis of a report. Jurors must sort through what often are conflicting accounts and documentary evidence to arrive at a finding or recommendation. Sometimes this means according credibility to one source of information while discounting another source.

In its investigative role, the grand jury seeks to provide “sunshine” on the workings of local government for the public benefit. As do this year’s, grand jury reports may take issue with actions of the agency or officials under investigation. Grand jury findings and recommendations are the product of the jury’s independent analysis. The jury is not influenced by the “agendas” of other groups or persons. Each grand jury finding, recommendation or other formal action requires the concurrence of at least twelve jurors. Before release, grand jury reports must be reviewed by County Counsel and approved by the supervising Superior Court judge.

Since California’s statehood, the grand jury has served as an integral part of the court system. The legislative provisions for the jury’s “watchdog” function have existed since 1880. This year’s jury has strived to honor that tradition. We hope the public finds our reports informative and agents for change.

July 25, 2018

Napa Valley Register

By Charles Dell’Ario, 2017-18 foreperson