UNNAMED MINORITY MEMBERS ETC. v. Superior Court

In this original proceeding, five unnamed members of the 1987-1988 Kern County Grand Jury (the Grand Jury) seek a writ of mandate to compel the Kern County Superior Court (the Superior Court) to order the filing and publication of their separate minority report as a part of the Grand Jury’s final report.

Petitioners’ challenge to the Superior Court’s refusal to file their minority report requires this court to decide whether the superior court has the authority to refuse to accept for filing and publication a separate report submitted only to the presiding judge of the superior court by those members of the grand jury who are unwilling to join in the grand jury’s final report.

We shall hold that a minority report that was never submitted to the full membership of the grand jury for approval by a majority of its members as a minority report or view on a matter investigated by the grand jury is not an authorized report of the grand jury. Accordingly, we conclude that the Superior Court in this instance acted properly in refusing to accept the minority report for filing and publication.

Procedural Background

On or about June 20, 1988, five unnamed members of the Grand…