Opinion No. (2001)
Opinion
Lead Opinion
BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE NORMAN L. VROMAN, DISTRICT ATTORNEY, COUNTY OF MENDOCINO, has requested an opinion on the following question: May a grand jury hire an expert for the purpose of investigating a nonprofit corporation established by or operated on behalf of a public entity? CONCLUSION A grand jury may not hire an expert for the purpose of investigating a nonprofit corporation established by or operating on behalf of a public entity. ANALYSIS The general powers and duties of county grand juries (Pen. Code, §§ 914 - 945 ) 1 include the investigation of county, city, and district affairs (see, e.g., §§ 925 , 925a , 928 , 933.1 , 933.5 ). In People v. Superior Court (1973 Grand Jury) (1975) 13 Cal.3d 430 , 436-437 , the Supreme Court described the civil duties of a grand jury as follows: "In California, unlike some other American jurisdictions, the grand jury's role as a vigilant `watchdog' over the operations of a variety of local governmental activities has a long and well respected heritage. As long ago as 1880, the Legislature assigned to the grand jury the responsibility of making `a careful and…