Houston County District Attorney

Selection and Administration

Many people who receive a notice or summons informing them that they have been selected to serve on the grand jury wonder, "How did I get selected for this?" To understand how you came to be selected, we first must examine who is qualified for service on the grand jury and then how grand jurors are selected.

Qualifications

All citizens of Georgia may serve on a grand jury if:

• They are a citizen of the United States;
• They are 18 years of age or older; They are not incompetent because of mental illness or retardation;
• They are a current resident of the county and have resided in the county
  for six months prior to serving; and
• They are the most experienced, intelligent and upright of persons.

Any citizen who meets these basic requirements is eligible to be selected for grand jury duty unless he or she:

• Has been convicted of a felony in a state or federal court and has not been pardoned or had his or her civil rights restored; or
• Currently holds or has, within the previous two years, held an elected office in state or local government; or
• Has served as a grand juror in a state court at the preceding term of court.

Individuals who are 70 years old or older may request, in writing, to have their names removed from the jury lists. For further information on this, you should ask the district attorney.

Selection

All jurors are selected from a list of the qualified residents of the county. This list is developed by the Board of Jury Commissioners so that it reflects a fair cross-section of the citizens of the county. The primary sources for this list are driver’s license records and voter registrations, but the commissioners may use any other source to ensure that the jury list fairly represents the population of the county.

The jury list is revised at least every two years. From this list the commissioners develop a second list containing names of the most intelligent and upright citizens of the community from which the grand jurors will be selected.

Prior to each term of court, the grand jury list is used to select the names of those citizens who will be summoned for service on the grand jury. This can be done either manually or by computer, depending on the county.

In counties which rely on a manual system, the commissioners take names from the grand jury list and place them on slips of paper which are put into the grand jury box. The box is brought into open court where a judge of superior court draws between 18 and 75 names of persons to be summoned for duty on the grand jury.

In counties which use a mechanical or computerized jury selection system, prior to each term, 18 to 75 names from the grand jury list are selected at random by the computer in accordance with local court rules.

After the prospective grand jurors' names have been selected, the clerk of the superior court is responsible for notifying the prospective grand jurors when and where to report. This can be done either by mailing you a notice or summons or by having it delivered to your residence by the sheriff. It should be noted that willful failure to report for grand jury service is contempt of court and is punishable by fine.

Organizing and Empaneling the Grand Jury

Qualifying the Panel and Excusing Individuals From Service
At the time and date specified in the summons (usually the first day of the term), those selected for service on the grand jury assemble at the county courthouse (or other location indicated in the summons). At that time, a judge of the superior court or someone designated by the judge will usually ask the assembled jurors if any of them are disqualified from serving. It is vital that you advise the court at this time if you have any reason to believe you may be disqualified. Failure to do so can invalidate the work of the grand jury during the term and require those criminal cases to be reindicted. The reasons which would disqualify someone from serving on the grand jury are on page 8. The most common reason why someone is disqualified from serving on the grand jury is that they have moved out of the county. On page 11 and 12 of this handbook, we will discuss those instances when a grand juror may be disqualified in a particular case or cases. (Note: A grand juror who is disqualified in a particular case can hear other cases.)

At the same time, the judge (or the person designated by the judge) will ask if there is anyone who is otherwise unable to serve as a grand juror for that term because he or she will "be engaged . . . in work necessary to the public health, safety or good order" or for other good cause. In these cases, the judge (or a person designated by the judge) has the discretion on an individual basis to defer such person’s jury service to another time. By law, no one can be excused totally from jury service unless he or she is permanently mentally or physically disabled to the extent that they cannot perform the essential functions of a juror, even with reasonable accommodations.

After these persons are excused, the court will usually select the first 16 to 23 persons whose names are on the list to serve as members of the grand jury and up to three alternate grand jurors. Those selected as alternates may be called on to serve if a member of the grand jury is disqualified or is absent for any reason. They also may serve on any inspection or examination committee in which case they have the same authority as other members of the grand jury. However, an alternate should not be present with the grand jury when criminal cases are being considered unless one of the members is disqualified or absent.

Length of Service as Grand Jurors
Those individuals selected as a grand juror or an alternate will normally serve for the full term of court unless they are discharged from further service by the court. Because the length of a term of court varies from county to county, the judge will usually advise you as part of the charge how long you are expected to serve. This does not mean that you will be in constant session throughout the term, but you may be called in from time to time as necessary. The district attorney will discuss the schedule for grand jury meetings with you during your first session.

Selection of Foreperson and Administration of the Oath
After the judge has selected the 16 to 23 persons and up to three alternates to serve on the grand jury, the remaining prospective jurors usually will be excused. The judge will either appoint the foreperson or direct that the grand jurors elect one of their members as foreperson (see p. 10) and the foreperson and other grand jurors will be administered the oath of office.

Grand Jury Oath of Office
"You, as foreperson [or member] of the grand jury for the county of _____________________, shall diligently inquire and true presentment make of all such matters and things as shall be given you in the court’s charge or shall come to your knowledge touching the present service; and you shall keep the deliberations of the grand jury secret unless called upon to give evidence thereof in some court of law in this State. You shall present no one from envy, hatred, or malice, nor shall you leave anyone unpresented from fear, favor, affection, reward, or the hope thereof, but you shall present all things truly and as they come to your knowledge. So help you God."

This oath, which is over 300 years old, indicates, in a general sense, both the duties and limitations of the grand jury. In taking the oath, each grand juror should understand the tremendous responsibility to the community which they assume upon being sworn into office. You pledge yourself to act on behalf of all of the citizens of your county without "envy, hatred, . . . malice, . . . fear, favor, affection [or] hope [of reward]." By taking this oath, you become, for this term of superior court, a public officer. And while you have immunity from civil suit for your official acts, violation of your oath or misconduct as a grand juror can subject you to contempt of court or criminal prosecution with penalties of imprisonment for up to five years, fines up to $1,000 or both. The district attorney can provide you with additional information about this.

After the grand jury has been sworn, the following oath is administered to the bailiff whose job it is to attend to the grand jury:

Bailiff Oath
"You do solemnly swear that you will diligently attend the grand jury during the present term and carefully deliver to that body all such bills of indictment or other things as shall be sent to them by the court without alteration, and as carefully return all such as shall be sent by that body to the court. So help you God."

The Court’s Charge to the Grand Jury
After you have been administered your oath of office and the bailiff has been sworn, the superior court judge will “charge” the grand jury. In the charge, the judge will explain your duties, powers and responsibilities as grand jurors in both criminal and civil matters (see pages 13-19 for more information on these). The judge may also direct the grand jury to investigate other matters of public interest. Following the judge’s charge, the grand jurors will usually retire to the grand jury room to begin their duties.

Grand Jury Organization and Operations

The first task facing any new grand jury is to develop their own internal structure and to identify the other individuals who they will interact with throughout the term.

Foreperson
The foreperson is the presiding officer of the grand jury and signs all indictments and presentments. As indicated on page 9, the superior court judge may appoint the foreperson, however, in many circuits, the judge will allow the grand jury to elect its foreperson. The foreperson may administer the oath to and question witnesses.

Other Officers
In many counties, the court may appoint or the grand jury elect an assistant or deputy foreperson to preside at grand jury meetings if the foreperson will be absent for any reason. Other officers commonly found in the grand jury are a clerk and a doorkeeper.

The clerk is usually charged with keeping the records of the grand jury such as attendance and a record of matters considered by the grand jury. The clerk should also check each indictment or special presentment after the grand jury has voted and verify that the action taken is properly recorded on the backing and has been signed by the foreperson. The doorkeeper’s job is to guard the door and notify the bailiff when the grand jury requires anything.

Bailiff
The bailiff is an officer of the court, appointed by the sheriff and assigned to attend the grand jury. The bailiff assigned to the grand jury is charged with insuring that unauthorized persons do not enter the grand jury room when the grand jury is in session. When properly sworn, as discussed above, the bailiff is authorized to deliver documents from the court to the grand jury and to make the return of indictments and special presentments which have been either “true billed” or “no billed” to the court so that they can be docketed.

The Grand Jury’s Legal Advisor – the District Attorney
By law, the district attorney is the legal advisor for the grand jury. In so providing, the legislature recognized that most citizens who serve on the grand jury are unfamiliar with the many technicalities of the law. The district attorney is responsible for advising you on any questions of law or procedure which you may have as a grand jury. In 1973, the Georgia Supreme Court held that the grand jury must rely on the district attorney for legal advice and may not employ any other lawyer for that purpose. Assisting the district attorney in carrying out these duties will be assistant district attorneys and other employees of his or her office.

In addition to serving as legal advisor to the grand jury, the district attorney and his or her staff are counsel for the State in all criminal cases which will be brought before you. The district attorney’s office will prepare the cases for presentation to the grand jury and subpoena necessary witnesses. The district attorney and assistant district attorneys are authorized to be present with the grand jury when cases are being presented. They may also administer the oath to and question witnesses before the grand jury. Any presentments or indictments which the grand jury requests be drawn will be prepared by the district attorney’s office.

Other Persons Authorized to Assist the Grand Jury
If a hearing impaired person is to testify as a witness before the grand jury, the court will appoint an interpreter of the deaf sign language to interpret the proceedings and the witness’s testimony. Additionally, in counties with a population of 150,000 or more, the district attorney may provide a stenographer to record and transcribe the testimony of witnesses before the grand jury.

When requested by the grand jury, the foreperson or clerk of the previous grand jury may review and report on actions taken by that grand jury. In such a case, they are entitled to the same compensation as members of the present
grand jury.

When carrying out its civil functions, the grand jury may form committees to conduct inspections or investigations. They may also appoint a citizen of the county to provide technical expertise to either the grand jury or the committee.

Meetings and Quorum
Meetings of the grand jury are scheduled based on the requirements of your court. However, in order for the grand jury to hear evidence or take any official action, at least 16 qualified members must be present in the grand jury room.

Disqualification of Grand Jurors in Particular Cases
We mentioned that certain individuals cannot serve on the grand jury. However, there are circumstances when a grand juror may be disqualified from serving for a particular case or cases because of his or her relationship to either the victim or the accused. For obvious reasons, a grand juror who was either the victim of or a defendant in a crime being considered by the grand jury is disqualified.

A grand juror who is related by blood or marriage within the sixth degree to a person under investigation by the grand jury or any party interested in the results of the case is also disqualified. Normally, in addition to the accused, the victim and the prosecutor are the “interested parties” but a grand juror who contributed to a fund to help prosecute the accused has also been held to be an interested party. The chart on page 12 shows who are related within the sixth degree by blood or marriage. "X" represents the grand juror.

If, at any point during your term, you have any concern that you, or any other member of the grand jury may be disqualified in a particular case, please speak to the district attorney or an assistant district attorney. If a grand juror deliberates or votes in a case in which they are disqualified, the court may be forced to dismiss any resulting indictment or special presentment.

Compensation
The amount and manner in which you will be compensated for your service on the grand jury varies from county to county. As page 18 will indicate, the grand jury empaneled at the fall term of court has the duty to recommend the amount which jurors and bailiffs are paid.

Secrecy of Grand Jury Proceedings

The oath you take as a grand juror requires that you "shall keep the deliberations of the grand jury secret unless called upon to give evidence thereof in some court of law of this state." There are important reasons behind this requirement as secrecy protects witnesses from intimidation or tampering and makes it more difficult for a witness to avoid subpoena, hide or destroy evidence or for a defendant to evade arrest. Secrecy not only aids in the investigation, but is of particular importance to an accused who is later cleared by a "no bill."

To ensure secrecy, the law limits those who may be present in the grand jury room to the grand jurors, the district attorney and his or her assistants, a stenographer or interpreter when authorized, and generally, only the witness who is testifying. While the grand jurors are deliberating and voting on a case, absolutely no one except the grand jurors may be present.

By law in Georgia, communications among grand jurors are excluded from evidence as a matter of public policy. However, you may disclose anything which occurred during your term if ordered to do so by a judge of a court of record in this State.

Relation within the 6th degree:

This chart shows who is related within the sixth degree, by blood or marriage. A grand juror who is related by blood or marriage within the sixth degree to a person under investigation by the grand jury or any party interested in the results of the case is disqualified.