“Le Grande Inquest”The History and Laws of the Grand Jury System

Don Barbee Jr., Esq.Clerk of Circuit Court & Comptroller

Hernando County, Fl

Origins of the Grand Jury

12 Men from every 100

Secret Accusations• Prevent Escape

Loyal to Monarch• Fines and penalties

King Henry II

Making it “Grand”

• 12 man – Accusatory Jury• Becomes 23 Knights– “Le Grande Inquest”

• Move toward independence• Focus on Fairness• Shifting Loyalties

King Edward III

Grand Juries in America“Assistants”– Legislate, Charge, Convict

1645 - 1st Grand Jury– Charged Assistants– Growing Role

5th Amendment - Capital Crimes

Powers of the Grand Jury

• Indictment• Presentment• Use of indictments in Florida

Impanelment

• When?– No more “terms of court” 1/1/14 – See 905.01

• How many summoned?– Admin order/past practice, Hern. = 150 (too many?)

• How many do we need?– 21 members max, 15 members min (quorum)– 12 votes required for indictment or presentment

• Disqualification?

The Big Day

• Who is present during impanelment?– Presiding Judge– State Attorney– Deputy Clerk– Live Court Reporter

• Electronic Court Reporter – off?– Public???

• Pre-qualification (judge or clerk)• Voir Dire Process– Cause Only

The Session

• Administrative Session• Foreperson/Vice – Appointed by Judge – Recommendation of ASA

• “Clerk” appointed by Foreperson– No COC staff present in session

The Documents

• List of Grand Jurors – Confidential (313 So.2d 39)– Identity included in secrecy provisions – AGO Informal 1995

• Notes (jurors & court reporters)• Transcripts • Testimony – Confidential (F.S. 905.17)

More Records Issues

• Indictment– pre-arrest = confidential– post-arrest = public (no redaction of foreperson – AGO 99-09)

• Grand Jury Reports– Motion to Repress

• List of Witnesses – Statutorily required from foreperson