Tag Archives: trial juries

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As the Texas Tribune reports: “Under House Bill 2150, the state will no longer use the outdated system that lets judge-appointed commissioners pick jurors, a nationally uncommon practice that critics say is rife with potential for conflicts of interest.”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

Texas grand jury system under review

The Texas criminal justice system has this strange idea about how to select trial juries and grand juries.

Grand jurors are chosen in most counties by jury commissioners, who are selected by a presiding judge; the commissioners then look for people they believe are “qualified” to serve on a panel that determines whether a criminal complaint should result in officials charges brought against someone. The issue is whether a grand juror can commit to meet over the course of several weeks to make these determinations.

Trial jurors are selected at random. District clerks go through voter registration rolls to find people whose names are put into a large pool of potential jurors. The only qualification is that they be residents of the county and be of sound mind, etc.

Here’s an interesting aspect of the selection processes. The state believes it is fine to select someone at random, and then ask that person to determine whether some lives or dies if that individual is convicted of a capital crime. But a grand jury requires more of a screening process to find individuals who can serve on that panel.

Texas legislators are considering a bill that would make the grand jury selection system look more like the trial jury selection method.

I say, “Go for it, lawmakers.”

Back in 1984, when I arrived in Texas, the newspaper where I worked at the time, the Beaumont Enterprise, was involved in an editorial campaign to change the grand jury selection system. There had been questions raised about whether a particular grand jury had been chosen because grand jurors had a particular bias. The paper raised all kinds of heck with the two judges in Jefferson County with criminal jurisdiction. We argued vehemently that the system needed to be changed. Over time, the judges heeded our calls and changed to a random selection method.

State Sen. John Whitmire, D-Houston, thinks the state should require a random method in all 254 Texas counties.

He says the system needs total confidence in all its working parts. As The Associated Press reported, the current system is ridiculed as a “pick a pal” system in which friends pick friends to serve on a grand jury.

Now, for the record, I once served on a grand jury in Randall County. I was asked by a friend, who was serving as a jury commissioner for the 181st District Court, presided over by Judge John Board.

I agreed. Board chose me along with several other people and we met regularly for three months. We confronted no controversy during our time and our service ended without a whimper of discontent.

That particular grand jury worked well. The threat, though, of dysfunction created by potential bias has created a need for the Texas Legislature to change the selection system.

If the random selection method is able to seat people who then can determine whether someone should die for committing a crime, then it will work to select people who can decide whether to charge someone with a crime.