Houston County District Attorney

Civil Functions and Duties

Since Colonial times, Georgia grand juries have been authorized, and in some cases required, to perform duties unrelated to criminal law. These functions, traditionally referred to as civil functions or duties, fall into four categories: inspections or investigations, elections and voting, appointments and nominations, and miscellaneous duties. Because in the past some grand juries have “exceed[ed] their authority and . . . become involved in politics and local feuds,” the legislature and courts have strictly regulated the grand jury’s duties and the procedures which the grand jury must follow in performing its civil functions. The rules which apply to each of the civil functions vary considerably and in most cases are too detailed to be easily summarized in this handbook. The district attorney or the court can advise you about these rules as needed.

Inspection or Investigations of Public Property, Records, and Offices

Generally
In 1994, the General Assembly eliminated most of the mandatory inspections and reports which the grand jury was required to perform either annually or each term of court and replaced them with annual, periodic and optional inspections. The grand jury may conduct civil inspections or investigations only where specifically authorized by statute.

• Annual Inspections: The grand jury is to inspect the condition and operation of the jail at least once each calendar year.
• Periodic Inspections: At least once every three calendar years, the grand jury is to inspect and examine the offices and operatioins of the clerk of superior court, judge of probate court, the county treasurer or depository and the offices of the district attorney; if located in the county. If the district attorney does not maintain an office in the county, the grand jury may inspect the offices of the district attorney when they deem necessary.
• Optional Inspections or Investigations: Whenever deemed necessary by eight or more grand jurors, the grand jury shall appoint a committe of the grand jury to inspect or investigate the following:
  1. Any county office;
  2. Any county building;
  3. Any public authority of the county;
  4. Any court of court official of the county;
  5. Any county board of education or county school superindenden, or
  6. Any of the records, accounts, property, or operations of any of the entities described above.

When the grand jury conducts a civil investigation or inspection under the 1994 legislation, the district attorney will advise you concerning the procedures which must be followed. During an authorized inspection or investigation, the grand jury or the designated committee is authorized to examine books, records, and accounts, to have witnesses subpoenaed, and hear evidence. Any oral testimony heard by the grand jury must be taken under oath, as unsworn statements are not evidence.

The grand jury is authorized to appoint one citizen of the county to provide technical expertise during the inspection or investigation. This technical expert receives the same compensation as grand jurors.

The following oath must be administered to witnesses who appear before the grand jury during a civil investigation or inspection:

Witness Oath
"You do solemnly swear (or affirm) that the evidence you shall give the grand jury in its civil investigation of (here identify the county officer, office or authority being investigated or inspected), shall be the truth, the whole truth and nothing but the truth. So help you God."

The grand jury is authorized to prepare and submit for publication reports or presentments based on its inspections or investigations.

Other Inspections, etc. Which the Grand Jury May Conduct
Several inspections which the grand jury can perform were not affected by the 1994 legislation.

• County Tax Collector or Tax Commissioner: The county tax collector or tax commissioner is to submit the tax execution docket and cash book to the grand jury empaneled for the spring term of superior court.
• County Treasurer: At least twice a year, the county treasurer is to submit a report to the grand jury showing the amounts of fines and forfeitures received by him and to whom such funds were disbursed for the six month period preceding the report.
• Reports of Receipts and Disbursements: At each term of superior court, the judge of the probate court, the county treasurer, the clerk of superior court and the sheriff are to submit a report of any money belonging to the county which was received by them and any expenditures. They are also required to provide the grand jury with a copy of the most recent financial statements or annual audit of their office.
• Public Education: Members of the State Board of Education and any other person having authority to select or aid in the selection of textbooks for the schools are required to report any gifts or offers of compensation or remuneration made to them on behalf of any schoolbook publishing house, corporation, or individual publishing textbooks.
• Child Abuse: The Child Abuse Protocol Committee is to provide a copy of its annual report to the grand jury which meets during the fall term of superior court.
• County Jail Inmate Records: The grand jury is to examine inmate records at the county jail..

Conducting Inspections or Investigations
When the grand jury undertakes a civil investigation or inspection, the members must do so in a manner which protects the Constitutional rights of the person who is the subject of the inspection. The courts have held that, at a minimum, these include notice, the opportunity to present evidence and to respond to the report of the grand jury’s findings. In the case of many public officials, the Georgia Court of Appeals has held that the public official must be afforded the right to appear with counsel before the grand jury, to hear the evidence presented and to give sworn testimony. If the grand jury conducts its investigation in a manner which is found to have violated due process, any report or general presentment is subject to being rejected by the court.

Duties Relating to Elections and Voting

Following the certification of the results of a primary, general, or special election, the records of the election are stored under the authority of the clerk of superior court. Twenty-four months following certification of the election, the records are to be presented to the grand jury for inspection prior to being destroyed.

Prior to 2003, the grand jury had specific responsibilities to perform regarding the preparation of certain types of voting machines. When the State of Georgia adopted direct recording electronic (DRE) equipment for use in all counties for general elections, the requirement that the grand jury oversee the preparation of voting machines became obsolete in all but a few municipalities that continue to use a voting machine that utilizes a mechanical counter to register the votes cast for candidates or ballot questions. If this type of equipment is still used in your jurisdiction, the judge will instruct you concerning these responsibilities and the district attorney can advise you concerning the legal requirements which must be followed.

Appointments or Nominations Made by the Grand Jury

Offices to which the Grand Jury May Make Appointments or Nominations

• Foreperson of the Grand Jury: If the superior court judge who empanels the grand jury does not appoint the foreperson, he or she may direct the grand jury to elect a foreperson.
• County Board of Equalization: Members and alternate members of the County Board of Equalization are appointed by the grand jury for a three-year term. In the event of a vacancy, the grand jury may appoint a qualified citizen of the county to serve out the remainder of the term of office.
• County Voter Registrars: The grand jury is responsible for submitting to the senior judge of the superior court, a list containing he names of 10 judicious, intelligent and upright citizens of the county for appointment by the judge as voter registrars.

Procedures for Appointments Other Than Foreperson
Prior to the grand jury electing, selecting or appointing anyone to any public office, other than foreperson, the clerk of superior court must publish a notice of the pending selection, election or appointment in the official newspaper of the county at least once a week for two weeks during a period not more than 60 days prior to the date of the election, selection or appointment.

Miscellaneous Duties

Setting Compensation of Jurors and Bailiffs
At the fall term, the grand jury fixes the compensation to be paid to grand, petit and coroner’s inquest jurors and bailiffs. By law, the rate of compensation must be not less than $5 nor more than $50 per day for jurors and not less than $5 nor more than $70 per day for bailiffs. However, any increase in compensation over and above that which was paid bailiffs or jurors the previous year must be approved by the governing authority of the county. Any person who is summoned and appears for service as a grand juror is entitled to be paid regardless of whether or not he or she serves.

Recommend Change of County Line
If a petition to change the county line is received from the judge of the probate court, the grand jury may hold hearings on the petition. Two-thirds of the grand juries in each affected county must approve the petitions before the issue may be considered by the governing authorities of the county. The grand jury may also recommend that the Governor appoint a surveyor if the county line is disputed.

Historic Preservation
The grand jury may, by a majority vote, recommend that the county governing authority provide the probate court a suitable case or container in which historical materials may be preserved.

Local Duties

In addition to the duties and functions summarized in this section, the General Assembly has enacted laws applicable to one or a few counties which provide those grand juries with additional duties. Because they do not apply in all counties, they are beyond the scope of this handbook. If there are local laws which provide that the grand jury in your county has duties other than those discussed above, the judge or the district attorney will advise you.