Grand Jury

In California, the grand jury is an investigatory body made up of citizens with the authority to act as a watchdog on local government, investigate citizen complaints, and assist in criminal matters at the request of the district attorney.

The grand jury is part of the county judicial system as authorized by the California State Constitution. It is advised by the Superior Court but is not accountable to elected officials or government employees. Grand jurors are sworn to secrecy and, other than final reports, their work is kept strictly confidential. The reports published by the grand jury are how the results of investigations are reported to the public. 

The Civil Function

In its function as a watchdog on city and county governments and special districts within the county, the grand jury examines several aspects of local government. It has the authority to ascertain how public funds are spent and how spending is documented, it is required to examine the condition of jails and other detention centers, it may examine charges of willful misconduct in the office and investigate that type of misconduct. In its final reports, the grand jury also may recommend ways to increase efficiency, improves services to the public and save taxpayer dollars. The grand jury may also commend well-managed departments.

The Criminal Function

The grand jury is asked to perform its criminal function infrequently in Sierra County. The district attorney may ask the grand jury to determine whether there is enough evidence to show an individual may have committed a felony crime. A grand jury indictment is not a finding of legal guilt or innocence. Criminal inquiries are conducted in the strictest secrecy, as are all grand jury hearings.

The reports published by the grand jury are the only method by which the results of grand jury investigations and inspections are reported to the public. A final report is published at the end of the term of a sitting grand jury. It is a compendium of the individual reports of investigations conducted during the term. Individual reports may be published prior to the end of the term.

The grand jury also publishes the responses to the grand jury reports. When a grand jury publishes a report, it may not require a response from the subject of the investigation. These responses are required by California Penal code and are published and released publicly. Responses to reports are found in the same section as each term's final report.

Any citizen may submit a complaint to the Grand Jury. All communications are confidential. A citizen may ask the grand jury to conduct an investigation into misconduct or inefficiencies by county governmental agencies. The grand jury can act on complaints dealing with a county department, any city within the county, all school districts and special purpose or taxing districts in the county. The grand jury may consider complaints of willful or corrupt misconduct against public officials and policies, county and city employees; including the abolition or creation of offices and the equipment for performing duties of county government. The grand jury complaint form should be submitted by citizens after all attempts to correct a situation have been explored, and without success. 

Important Things To Know Before Filing A Complaint

• The grand jury is not required to investigate all complaints received.

• The grand jury does not have jurisdiction over judicial performance, actions of the Superior Court or cases that are pending in the Superior Court. Grievances of this nature must be resolved through the established judicial system.
• The grand jury does not have jurisdiction over any issue that is currently in litigation. 
• The grand jury does not have jurisdiction or authority to investigate federal or state agencies or any agency or organization outside Sierra County.
• When a complaint is submitted to the grand jury, you will receive notification that it has been received but no further communication may be provided regarding the acceptance or rejection of your complaint. 
• You may be asked for additional information or asked to be interviewed in person. Under no circumstances will your identity be made known to the agency or individuals identified in this complaint. 

Any citizen who is a resident of Sierra County may apply to be a grand juror or they may be nominated by a Superior Court Judge.  All citizens wishing to serve on the grand jury must complete a written questionnaire. Qualified applicants are interviewed by the Presiding and Advising Superior Court Judges and the current grand jury applicants and the current grand jury foreperson. All applicants are given equal consideration. The grand jury consists of 11 jurors, most of whom are chosen by lot, but typically each year some jurors remain as holdovers. Alternate jurors are also chosen by lot. Grand jurors are sworn in by the Superior Court Judge for a term of one year. 

Qualifications for Grand Jury Service

Serving on the Sierra County Grand Jury is a significant public service. The Sierra County Superior Court welcomes applications from potential grand jurors. 

To be considered for grand jury service, you must meet requirements outlined in California Penal Code Part 2 Title 4 Chapter 2 Section 893 :

1. You must be a citizen of the United States,
2. You must have been a resident of Sierra County for one year immediately before being selected.
3. You must be 18 years of age or older.
4. You must be in possession of your natural faculties, be of the ordinary intelligence, be of sound judgement, and of fair character.
5. You must possess sufficient knowledge of the English language.

You may not serve as a grand juror if:

1. You are serving as a trial juror in any court of this state.
2. You have been discharged as a grand juror in any court of this state within one year.
3. You have been convicted of malfeasance in office or any felony or other high crime.
4. You are serving as an elected public officer.