Tag Archives: random selection method

State news

Texas set to welcome grand jury reform

Grand juries do important work.

They determine whether individuals have committed a crime worth prosecuting. They receive criminal complaints, listen to evidence presented by prosecutors, occasionally call witnesses … and then grand jurors deliberate among themselves about the fate of the individual named in the complaint.

Do they prosecute or do they decide there’s insufficient evidence to follow through?

It’s important, but it’s not rocket science. It does not require special training. And to be chosen for a grand jury, one need not rely on judges picking jury commissioners, who then select their friends, acquaintances or professional associates to serve on the grand jury.

The state’s antiquated grand jury selection system is set to change effective Sept. 1. Texas will allow grand juries to be chosen by the same method it chooses trial juries.

The Legislature enacted a bill, which Gov. Greg Abbott signed into law, that eliminates the “pick a pal” system that critics said left the old system open to possible conflict of interest. If a judge wants to “get” someone, he or she can pick jury commissioners who then can look for individuals to serve on the grand jury who might be disposed to follow through with the judge’s desire.

Is such a scenario rampant in Texas? I haven’t heard of it. But the random selection method, where grand juror are picked from voter registration rolls, eliminates the possibility of stacking a grand jury.

“It sort of cancels out the previous system whereby the judges simply picked people that he or she knows or feels comfortable with, and I think we’ve seen the result of that,” said Douglas Smith, a policy analyst for the Texas Criminal Justice Coalition. “Grand juries tend to be white, they tend to be older, so they tend not to represent the broader perspectives in the community.”

And so, with a random selection method enacted, grand juries perhaps can more accurately reflect the communities they serve.

This is a needed reform of the Texas criminal justice system.

 

legal news, local news, State news

Grand jury reform arrives in Texas

Way back when I arrived in Texas, in 1984, the newspaper where I started working had just begun an editorial campaign to change the way the state impaneled grand juries.

The Jefferson County criminal justice system had come under fire over suspicions that a grand jury might have been seated to get back at political foes of a district judge. Our newspaper, the Beaumont Enterprise, disliked the jury commissioner system and we called for a change to select grand juries the way the state seats trial juries — using the voter registration rolls.

We finally persuaded the county’s two criminal district judges to adopt a random selection method.

Well, this week, Gov. Greg Abbott signed a bill into law that makes it a requirement to seat grand juries in a random method.

http://www.texastribune.org/2015/06/19/abbott-signs-grand-jury-reform-legislation/

It’s a good day for the state’s criminal justice system.

As the Texas Tribune reports: “Under House Bill 2150, the state will no longer use the outdated system that lets judge-appointed commissioners pick jurors, a nationally uncommon practice that critics say is rife with potential for conflicts of interest.”

The old system allowed judges to pick jury commissioners, usually friends, to find grand jurors. It’s been called a “pick a pal” system. Friends pick friends, who then might be friends with the judge whose court has jurisdiction.

The “potential for conflicts of interest” surely did exist.

I once served on a grand jury, in Randall County, that was picked by the old method. We had an uneventful term, meeting every other week for several months. I learned a lot about my community.

My participation as a grand juror, though, all but eliminated me from consideration for a trial jury, District Attorney James Farren told us, as we then would be seen as “pro-prosecution” by defense counsel.

That’s fine.

But I’m still quite glad to see the Texas Legislature enact this long-needed reform, which follows the model used in the vast majority of other states.

If a randomly selected trial jury is qualified to sentence someone to death, then a randomly selected grand jury ought to be qualified to determine whether the crime should be prosecuted in the first place.

legal news, State news

So long to ‘pick-a-pal’ grand jury system?

Texas might be on the verge of doing something it should have done years ago.

It might dramatically reform the way many of the state’s 254 counties select members to sit on a grand jury.

Let’s hold to the cheers until it clears the Texas Legislature and lands on Gov. Greg Abbott’s desk.

http://www.texastribune.org/2015/05/24/texas-moves-closer-to-overhauling-grand-jury-syste/

The Texas House of Representatives has approved Senate Bill 135. It would require grand juries to be chosen the way trial juries are picked: randomly.

The current system allows state district judges to impanel grand juries using a jury commissioner system. The judge picks a jury commissioner, who then looks for friends, acquaintances or just plain folks he or she knows to serve on a grand jury.

Here’s where I make my full disclosure. I once served on a Randall County grand jury. A neighbor who happens to be a friend asked me to serve. I said “yes.” I then was seated by 181st District Judge John Board, along with other grand jurors. We met for the next three months and heard criminal complaints presented by the Criminal District Attorney’s Office.

Did that grand jury work well? Yes.

However, there remains the potential problem of friends picking friends to serve on grand juries. Heck, even judges pick friends to serve as jury commissioners. Cronyism can — and does, on occasion — run amok.

As the Texas Tribune reports: “Critics of the ‘pick-a-pal’ system, an uncommon practice nationwide, say it could lead to conflicts of interest. The debate over the legislation has unfolded amid outrage nationwide that grand juries have failed to indict police officers in shootings of unarmed men.”

A random selection method does not diminish the quality of the grand jury that hears criminal complaints and decides whether to indict someone for an alleged crime.

Look at it this way: If a randomly selected trial jury can decide whether someone lives or dies if he or she is convicted of a capital crime, then a similarly chosen grand jury can decide whether that person should stand trial in the first place.