Tag Archives: Texas grand juries

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.

 

legal news, local news, State news

Random selection for grand juries?

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Grand juries have been in the news of late.

A Travis County grand jury indicted Texas Gov. Rick Perry on charges of abuse of power and coercion; another grand jury declined to indict a Ferguson, Mo., police officer in the shooting death of a young black man; and still another grand jury no-billed a Staten Island, N.Y., cop in the choking death of a black man.

All those decisions provoked controversy.

I bring this up as an introduction to a chance encounter I had Tuesday with a state district judge whom I’ve known for nearly 20 years. Judge John Board and I were visiting for a time and our discussion turned to grand jury selection in Texas. Board mentioned he’s been using a random selection method for some time, rather than relying on a jury commissioner system that remains the selection-method of choice for most trial judges in Texas.

We talked about an editorial campaign of which I was part in Beaumont many years ago. We argued vehemently at the Beaumont Enterprise for a change in the way grand jurors are selected in the two criminal courts in Jefferson County. We didn’t like the commissioner system, as it relied on jury commissioners’ discretion in picking grand jurors. Jury commissioners — who are appointed by judges — could pick friends, or friends of friends to serve on the grand jury; they could pick judges’ friends.

The theory is that the jury commissioner system enables courts to pick the “best and the brightest” of a community to decide whether criminal complaints warrant prosecution. But the system is exposed to the possibility of manipulation. It could be used to settle scores. A jury commissioner with a bone to pick with someone — for whatever reason — could find grand jurors who would side with him in getting revenge.

I’m not saying such a thing happens frequently, nor do I even have first-hand knowledge of it ever happening. But it could.

I am a strong believer in the random selection method. I was heartened to hear my friend, Judge Board, say that he uses the random system in his court, which has jurisdiction in Potter and Randall counties.

Our newspaper in Beaumont finally won out, by the way. The two courts in question in Jefferson County eventually switched to a random selection method — with grand jurors selected off the voter registration rolls — and to my knowledge it’s been working fine ever since.

So, why not require it across the state?

Amarillo is represented in the Legislature by two fine lawyers — Republicans John Smithee and Four Price. Might there be an opportunity for one or both of them to pitch legislation calling for mandatory random selection of grand juries?

If a trial jury chosen at random can be charged with sentencing someone to death, surely the state can put its trust in a random selection method to pick a grand jury to decide whether to prosecute someone for a crime.