Untitled California Attorney General Opinion

BACKGROUND

The California Constitution and the Penal Code provide for at least one grand jury in each county. 1 The grand jury is a “judicial body” and “an instrumentality of the courts

1 Cal. Const., art. I, § 23; Pen. Code, § 905.

1 18-103 of this state.” 2 The Penal Code governs the formation and impaneling of a grand jury and sets forth its powers and duties. 3 A county’s grand jury is advised by its court, district attorney, and county counsel.

The grand jury serves three basic functions: (1) to determine whether probable cause exists on criminal charges to indict a defendant for trial, 5 (2) to determine alleged misconduct by local public officials and make a formal accusation to remove them from office, 6 and (3) to act as a “watchdog” on local government by conducting investigations and issuing reports. 7 Although a regular grand jury performs all three functions, some grand juries perform only civil or criminal functions.

The inquiry presented to us pertains to the grand jury’s watchdog role, which “is by far the one most often played by the modern grand jury in California.” 9 Penal Code section 919(b) requires a grand jury, as one of its investigative tasks, to…