Juries

Grand Juror Legal Saga Ends (Atherton v. D.C. Office of the Mayor et. al)

As the blog BLT indicates, the legal saga involving an improperly dismissed grand juror has finally come to an end.  The U.S Court of Appeals for the D.C. Circuit has ruled that Peter Atherton cannot sue a prosecutor and a court official for improperly dismissing him from a grand jury. 

This case arose from Atherton's service as a grand juror.  Atherton claimed that the prosecutor who brought charges before the grand jury had him removed because he asked too many questions. The prosecutor claimed that Atherton was being disruptive and failed to follow instructions. Atherton argued that he could only be removed by a judge, not the prosecutor.  The appellate court ultimately determined that the prosecutor and another court official had qualified immunity and the issue about who could remove a grand juror was unclear at the time of Atherton's dismissal. 

Although Atherton's suit was ultimately dismissed, his case has led to a new court rule that requires judicial consultation prior to the removal of any grand juror in D.C. Superior Court. His case also might give prosecutor's second thoughts about how they treat grand jurors and the grand jury process as a whole.

The appellate opinion is available here.

Grand Juror Strikes Back

Here is a story about a former grand juror's civil rights lawsuit against a prosecutor. The grand juror alleges that the prosecutor improperly removed him from the grand jury for asking too many questions.   

According to the story, the case is currently on appeal before the U.S. Court of Appeals for the D.C. Circuit. The grand juror was unsuccessful at the trial stage where the prosecutor argued that he was immune from such suits.

Blog of Legal Times: In DC Circuit, Ex-Grand Juror Fights Federal Prosecutor, Court Official

Jury vs. Grand Jury

In light of the tragic shooting death of Trayvon Martin where the police never charged the shooter with a crime, many are interested in learning more about the April 12th grand jury that has been scheduled to investigate this matter.  Here is a Reuters piece discussing the differences between a grand and petit jury.  

Reuters: George Zimmerman Case: What Is a Grand Jury?

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South Korea Moving Towards Grand Jury System

Wall Street Journal: The Slow Road to Grand Juries

Accessing Grand Jury Testimony--Case Note

Rodney W. Ames, Comment.  First Circuit Establishes Less Demanding Requirement of Particularized Need to Access Prior Grand Jury Testimony.  (In re Grand Jury, 566 F. 3d 12, 2009) 43 Suffolk U. L. Rev. 759-766 (2010).

Dismissed Grand Juror Continues Civil Suit Against Prosecutor

As reported by the BLT (Blog of Legal Times):

Lawyers for a Washington man who was kicked off a grand jury are fighting the government's effort to dismiss his suit against a federal prosecutor and a D.C. Superior Court official, saying that neither defendant is completely insulated from liability.

Peter Atherton has been fighting the District and the Justice Department for six years in Washington’s federal district court, where he is seeking damages for what he calls his secret and unlawful removal from a grand jury. Atherton maintains only a judge had the power to remove him from the panel.

Last year, a federal appeals court in Washington sided with Atherton and sent the case back in the U.S. District Court for the District of Columbia for additional proceedings. On Tuesday, Atherton’s pro bono lawyers at Foley & Lardner filed court papers challenging the government’s effort to dismiss the suit [.pdf].

 

Excused Grand Juror Can't Be Recalled to Meet Quorum Requirements

A New York court recently held that a prospective grand juror dismissed for cause can't be recalled by the prosecutor in order to reach the necessary quorum requirements to start a grand jury hearing.

In People v. Newcombe, two of the 17 jurors present that day were properly excused after they said that they could not be impartial. That left 15 grand jurors, but a quorum requires the attendance of 16.

Realizing that he no longer had the necessary quorum of sixteen grand jurors, the prosecutor recalled one of the excused jurors, and indicated on the record that this person — previously excused for bias — was permitted to attend solely to make the necessary quorum, but that this person could not vote or participate in jury deliberations. After the presentation of evidence, 12 of the 15 jurors voted in favor of each charged count.

The court in Newcombe determined that once a grand juror was excused, particularly for bias, that juror was out of the case for all purposes, and therefore could not properly function as a sort of quasi-juror for the purpose of completing the quorum. There is a distinct possibility that such a juror could intentionally or unintentionally give signals or reactions or some form of input to the other grand jurors, either during the presentation of evidence or during deliberations, without that fact appearing in the record. The court cannot permit that possibility to taint the proceeding.

Will Witness Intimidation Lead to the Revival of the Grand Jury in Philadelphia?

That is the question under consideration by state lawmakers who are studying the issue of witness intimidation.  In testimony this week before a state Senate committee, former prosecutor Walter M. Phillips Jr suggested that rather than rely on preliminary hearings prosecutors at least in Philadelphia should be allowed to use grand juries.  According to Mr. Phillips, this will cut down on witness intimidation as neither the defendant nor his attorney is permitted to appear before the grand jury.  Furthermore, the grand jury can indict based on hearsay testimony thus foregoing the need for the actual witnesses to appear and testify at this initial stage of the legal proceedings.

Lebanon Daily News: Official: Revive indicting grand juries in Philly

Philadelphia Inquirer: Indicting grand juries for Philadelphia urged

 

South Korea Considers Adopting Grand Jury System

In the wake of bribe-related scandals involving the prosecutor's office, South Korea is considering adopting the American Grand Jury system.  I say American because, although borrowed from the British over 300 years ago, the U.S. is one of the few remaining countries to still use the grand jury.  If the grand jury is adopted, this would be latest step in South Korea's "democratization" of its legal system.  Two years ago, South Korea began use petit juries albeit in a modified form.

Yonhap News: Prosecution to adopt US-style 'grand jury' system for self-reform

Korea Herald: Prosecution restricts its exclusive right to indictment

AFP: S.Korean prosecutors to adopt US-style jury system