2020 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 4 - Grand Juries
Part 1 - General Provisions
§ 15-12-71. Duties of Grand Jury

1. The duties of a grand jury shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge of the superior court of the county.
2. 1. The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the judge of the probate court, and the county treasurer or county depository. If the office of the district attorney is located in the county in which the grand jury is impaneled, the grand jury shall inspect and examine the offices of the district attorney at least once in every three calendar years. If the offices of the district attorney are located in a county other than the county in which the grand jury is impaneled, the grand jury may inspect the offices of the district attorney as the grand jury deems necessary or desirable.
   2. In addition to the inspections provided for in paragraph (1) of this subsection, the grand jury shall, whenever deemed necessary by eight or more of its members, appoint a committee of its members to inspect or investigate any county office or county public building or any public authority of the county or the office of any county officer, any court or court official of the county, the county board of education, or the county school superintendent or any of the records, accounts, property, or operations of any of the foregoing.
   3. The grand jury may prepare reports or issue presentments based upon its inspections as provided for in this subsection, and any such presentments shall be subject to publication as provided for in Code Section 15-12-80.
   4. The grand jury may appoint one citizen of the county to provide technical expertise to the grand jury in connection with inspections provided for in this Code section.Such citizen shall be compensated at the same rate that a grand juror is compensated.
   5. 1. As used in this paragraph, the term "serious bodily injury" means bodily harm which deprives a person of a member of his or her body, which renders a member of such person's body useless, or which seriously disfigures such person's body or a member thereof.
      2. The grand jury, whenever deemed necessary by eight or more of its members or at the request of the district attorney, shall conduct a review of any incident in which a peace officer's use of deadly force resulted in death or serious bodily injury to another. Except when requested by the district attorney, such review shall only be conducted after the investigative report of the incident has been completed and submitted to the district attorney. The district attorney shall begin assisting the grand jury in its review no later than one year from the date of the incident or, if an attorney was appointed under Code Section 15-18-5, one year from the date of such appointment. A review shall not be conducted pursuant to this paragraph in any case in which the district attorney informs the grand jury that a bill of indictment or special presentment will be presented to a grand jury charging such peace officer with a criminal offense in conjunction with, or arising out of, the incident in which such peace officer's use of deadly force resulted in death or serious bodily injury to another.
      3. Not less than 20 days prior to the date upon which the grand jury shall begin hearing evidence in its review, the chief executive officer of the law enforcement agency and the peace officer shall be notified of such date and the time and place of the grand jury meeting, provided that nothing in this paragraph shall require either officer to make a presentation to the grand jury unless requested by the grand jury to do so.
      4. When the grand jury is conducting a review pursuant to this paragraph, the testimony of any witness appearing before it and any argument or legal advice provided to the grand jury by the prosecuting attorney shall be recorded by a court reporter. The cost of conducting such review, including, but not limited to, the cost of any recordation and transcription of testimony, shall be paid out of the county treasury, upon the certificate of the judge of the superior court, as other court expenses are paid.
      5. Prior to the introduction of any evidence or the first witness being sworn, the district attorney shall advise the grand jury of the laws applicable to the conduct of such review. In particular, the grand jury shall be advised of Code Sections 16-3-20, 16-3-21, 16-3-23.1, and 17-4-20.
3. Any grand jury or any committee thereof which has undertaken to conduct an inspection or investigation as provided in subsection (b) of this Code section shall have the right to examine any papers, books, records, and accounts, to compel the attendance of witnesses, and to hear evidence.If any public officer, agent, or employee refuses to produce any such papers, books, records, and accounts, any superior court judge of the superior court of the county, upon evidence being adduced, may enforce this Code section by mandamus or attachment as the case may require.If any public officer, agent, or employee fails or refuses to exhibit to the grand jury or its committee the funds on hand or claimed by them to be on hand upon presentation of that fact to any superior court judge of the superior court the judge may by mandamus or attachment compel the delivery of the funds to the grand jury or the committee for the purpose of counting.
4. The judge charging the grand jury shall inform the grand jury of the provisions of subsections (b) and (c) of this Code section.
5. 1. If the grand jury conducts a review pursuant to paragraph (5) of subsection (b) of this Code section, and the grand jury does not request that the district attorney create a bill of indictment or special presentment, the grand jury shall prepare a report or issue a general presentment based upon its inspection, and any such report or presentment shall be subject to publication as provided for in Code Section 15-12-80.
   2. Such report or general presentment shall include a summary of the evidence considered by the grand jury and the grand jury's findings of the facts regarding the incident.
   3. Such report or general presentment shall be returned to the court by the grand jury and published in open court, and the report or general presentment shall be filed with the clerk.
   4. If the grand jury does not request that the district attorney create a bill of indictment or special presentment, the district attorney shall, upon the release of such report or general presentment and unless otherwise ordered by the court, make available for inspection or copying any evidence considered by the grand jury during such review and the transcripts of the testimony of the witnesses who testified during the review no later than the end of the following term of court or six months, whichever is later. On motion of the district attorney, the court shall order the redaction of any part of the evidence or transcripts which contains matters subject to a statutory privilege, the names of the grand jurors, or information contained therein that may be exempt from disclosure pursuant to Code Section 50-18-72.
   5. Any person requesting copies of such report, copies of any evidence considered by the grand jury during such review, or the transcripts of the testimony of the witnesses who testified during the review may be charged a reasonable fee for the cost of the redaction, reproduction, copying, and delivery of such report, evidence, or transcripts as provided in Code Section 50-18-71. Such costs shall be paid before such material is provided.
6. If the grand jury requests that the district attorney create a bill of indictment or special presentment against the peace officer, the transcript of the testimony of the witnesses who testified during the review, together with any other evidence presented to the grand jury, shall not be disclosed, except as provided in Code Section 15-12-72 and in compliance with Article 1 of Chapter 16 of Title 17. If the bill of indictment or special presentment is to be presented to another grand jury, the district attorney shall transfer such transcripts and evidence to the grand jury considering the bill of indictment or special presentment.

(Ga. L. 1869, p. 139, § 5; Code 1873, § 3914; Code 1882, § 3914; Penal Code 1895, § 829; Penal Code 1910, § 833; Code 1933, § 59-301; Ga. L. 1986, p. 306, § 1; Ga. L. 1994, p. 607, § 4; Ga. L. 1995, p. 1292, § 6; Ga. L. 2016, p. 186, § 1/HB 941.)

The 2016 amendment, effective July 1, 2016, added paragraph (b)(5) and added subsections (e) and (f).

- Employment by county of accountant to examine books, § 36-1-10.

- Pursuant to Code Section 28-9-5, in 1987, "it is" was substituted for "they are" in subsection (a).

Pursuant to Code Section 28-9-5, in 1995, "impaneled" was substituted for "empaneled" in two places in paragraph (b)(1).

Pursuant to Code Section 28-9-5, in 2016, "shall not be disclosed" was substituted for "shall be not be disclosed" in the first sentence of subsection (f).

- For annual survey on criminal law, see 64 Mercer L. Rev. 83 (2012). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 79 (2016).

ANALYSIS

• General Consideration
• Inspections
• Reports
• Other

General Consideration

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Penal Code 1895, §§ 841, 842, and 843 and former Code 1933, § 59-309 and former O.C.G.A. § 15-12-75, relating to inspection of offices and records of certain county employees by grand jury, former Code 1933, § 59-310 and former O.C.G.A. § 15-12-76, relating to appointment of citizen or citizen committee to examine offices and records of certain county officials, are included in the annotations for this Code section.

- Grand juries may appoint a committee of citizens to inspect and examine, during vacation, the official records, accounts, etc., of all county officers, and to make a full and complete report of their findings to the grand jury at the succeeding term. McLarty v. Fulton County, 52 Ga. App. 445, 183 S.E. 646 (1936) (decided under former Code 1933, § 3920).

County departments of family and children services were state rather than county offices for purposes of O.C.G.A. § 15-12-71 and, as state offices, were not subject to a grand jury's power of inspection and investigation. Floyd County Grand Jury v. Department of Family & Children Servs., 218 Ga. App. 832, 463 S.E.2d 519 (1995).

- Former Ga. Civ. Code 1910, § 410 (see now O.C.G.A. § 36-1-10) did not take away from the grand jury the grand jury's power to investigate, inspect, and examine the books and records of county officers, or, if the grand jury deems it necessary, to appoint one or more citizens of the county to do so. McLarty v. Fulton County, 52 Ga. App. 445, 183 S.E. 646 (1936).

- O.C.G.A. § 15-12-68 is irrelevant to civil investigations conducted pursuant to O.C.G.A. § 15-12-71 and/or O.C.G.A. § 15-12-100 et seq. State v. Bartel, 223 Ga. App. 696, 479 S.E.2d 4 (1996).

No particular oath is required for witnesses in civil investigations; thus, it was error to dismiss a perjury indictment on the basis of a deficient oath since the oath administered named the grand jury, specified the type of investigation, named the subject entities being investigated, and contained accepted language regarding the promise and obligation to testify truthfully. State v. Bartel, 223 Ga. App. 696, 479 S.E.2d 4 (1996).

- Although the defendant established a violation of the impaneling order, which fixed the scope of the special purpose grand jury's investigative powers to county corruption, but not city, and it also constituted a violation of O.C.G.A. §§ 15-12-71 and15-12-102, neither dismissal of the indictment nor suppression of the evidence was the proper remedy for the grand jury's overreach as no violation of the defendant's constitutional rights nor a structural defect in the grand jury process occurred. State v. Lampl, 296 Ga. 892, 770 S.E.2d 629 (2015).

Cited in Gibson v. State, 162 Ga. 504, 134 S.E. 326 (1926); Thompson v. Macon-Bibb County Hosp. Auth., 154 Ga. App. 766, 270 S.E.2d 46 (1980); In re Gwinnett County Grand Jury, 284 Ga. 510, 668 S.E.2d 682 (2008); Kenerly v. State, 311 Ga. App. 190, 715 S.E.2d 688 (2011).

It is the duty of the grand jury to examine the books, records, and financial condition of the county. McLarty v. Fulton County, 52 Ga. App. 445, 183 S.E. 646 (1936) (decided under former Penal Code 1895, § 841).

Hospitals operated by authorities are subject to examination by grand juries as county facilities. Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981).

If reports contain statements unnecessary to purpose of report, those reports exceed powers of grand jury. Thompson v. Macon-Bibb County Hosp. Auth., 246 Ga. 777, 273 S.E.2d 19 (1980).

Trial court properly expunged a grand jury presentment of statements unnecessary to the purpose sought to be accomplished by the report that cast reflections of misconduct in office upon a public officer and impugned the officer's character; the remainder of the report was properly filed and published as the grand jury report was in the nature of a general presentment in which the grand jury took note of alleged excessive overtime for county employees, which was within the province of the grand jury, and its limited remaining criticisms came within the ambit of O.C.G.A. §§ 15-12-71(b) and (c), and15-12-80 as they did not appear to be criticisms of misconduct in office or impugned character. In re July-August, 2003 DeKalb County Grand Jury, 265 Ga. App. 870, 595 S.E.2d 674 (2004).

- Grand jury in exercising investigative powers of civil nature may make fair reports of the grand jury's findings, even though such reports of necessity incidentally reflect negligence or incompetence, upon the officials involved. Kelley v. Tanksley, 105 Ga. App. 65, 123 S.E.2d 462 (1961).

- Grand jury has no right to file a report charging misconduct in office upon an officer or impugning an officer's character, except by presentment or true bill of indictment charging such individual with a specific offense. Kelley v. Tanksley, 105 Ga. App. 65, 123 S.E.2d 462 (1961).

- Grand jury has no right to file a report charging misconduct in office upon a public officer except by presentment or true bill of indictment charging such individual with a specific offense; and it is the fundamental right of one who is the subject of such an extrajudicial report to have it expunged from the official records. Thompson v. Macon-Bibb County Hosp. Auth., 154 Ga. App. 766, 270 S.E.2d 46, aff'd, 246 Ga. 777, 273 S.E.2d 19 (1980).

- Grand jury's adoption of a report of a citizens' committee appointed by a superior court to investigate the sheriff's office was not a special presentment or true bill of indictment charging any individual with the violation of the state penal laws, and, therefore, the grand jury exceeded the grand jury's authority in publishing the report. In re Hensley, 184 Ga. App. 625, 362 S.E.2d 432 (1987) (decided under former O.C.G.A. § 15-12-76).

- Trial court erred in failing to expunge from grand jury presentments an entire report entitled "Attorney General's Investigation" which contained allegations which not only were critical of the Attorney General, but also cast reflections of misconduct and impugned the character of the Attorney General and that office. In re Floyd County Grand Jury Presentments for May Term 1996, 225 Ga. App. 705, 484 S.E.2d 769 (1997).

Other

Recommending code of ethics.

- If a grand jury committee was authorized to investigate the coroner's office, and their report referred only to "establishment of a code of ethics for elected county officials," which refers generally to all county officials and not to any one person or office, the trial court did not err in refusing to expunge this grand jury recommendation. In re Gwinnett County Grand Jury Proceedings, 180 Ga. App. 241, 348 S.E.2d 757 (1986).

- Former Ga. Penal Code 1895, §§ 841, 842, and 843 contemplated services by resident individuals composing committees appointed by grand juries, and compensation for such services and, considered in connection with former Ga. Civ. Code 1910, § 4872 (see now O.C.G.A. § 15-6-24), authorized payment by the county of compensation for such services of the committee by order of the court as a part of the expenses of the court. Watkins v. Tift, 177 Ga. 640, 170 S.E. 918 (1933).

Individual who investigates the books and records of county officials while serving on a citizens committee is entitled to compensation for the individual's services. Richter v. Thomas County Comm'n, 152 Ga. App. 332, 262 S.E.2d 604 (1979) (decided under former Code 1933, § 59-310).

- Judge of superior court is to fix amount of compensation. Chatham County v. Gaudry, 120 Ga. 121, 47 S.E. 634 (1904).

Whenever a committee appointed by the grand jury shall have performed the services required, its members shall be entitled to receive, as a part of the court expenses, fair and reasonable compensation for their services to be fixed and determined by the judge of the superior court. McLarty v. Fulton County, 52 Ga. App. 445, 183 S.E. 646 (1936).

Lawyer may not be compensated for legal services as member of grand jury committee. Daniel v. Yow, 226 Ga. 544, 176 S.E.2d 67 (1970).

- Grand jury and its committees are without authority to employ attorneys to furnish legal services at county's expense, but must rely upon the district attorney for such services. Daniel v. Yow, 226 Ga. 544, 176 S.E.2d 67 (1970).

- This section does not confer power upon grand jury or court to employ expert accountants whose compensation is to be paid out of county treasury to render services under direction of the committee in performing the duties imposed upon that body. Watkins v. Tift, 177 Ga. 640, 170 S.E. 918 (1933).

This section is valid but does not authorize the appointment of expert accountants by the county commissioners or ordinary (now probate judge) to examine the books and accounts of county officers. McLarty v. Fulton County, 52 Ga. App. 445, 183 S.E. 646 (1936).

- When the members of a duly appointed committee, having performed the services required, are themselves entitled to compensation therefor, the order fixing and allowing the members compensation should not be revoked and set aside because it appears that the members of the committee have admitted that upon receipt of such compensation the members intend to use the compensation to defray certain expenses incurred by the members in performing their duties in hiring stenographers and other clerical aid, as what the committee members intend to do with the compensation is no concern of the county, and its liability to them for their services would be discharged on payment of compensation due. McLarty v. Fulton County, 52 Ga. App. 445, 183 S.E. 646 (1936) (decided under former Ga. Civ. Code 1910, §§ 840 and 841).

Compensation for services performed can be paid as part of contingent expenses of court. Richter v. Thomas County Comm'n, 152 Ga. App. 332, 262 S.E.2d 604 (1979) (decided under former Code 1933, § 59-310).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions rendered under former Code 1933, § 59-309 and former O.C.G.A. § 15-12-75, relating to inspection of offices and records of certain county employees by grand jury, and former Code 1933, § 59-310 and former O.C.G.A. § 15-12-76, relating to appointment of citizen or citizen committee to examine offices and records of certain county officials, are included in the annotations for this Code section.

- Use of general language in O.C.G.A. § 15-12-71 and in the original codification of grand jury law in Georgia, Ga. Laws 1869, § 5, is indicative of a legislative deference to the common law for grand jury supervision. 1987 Op. Att'y Gen. No. U87-20.

- Unless it has been formally discharged by court order, a grand jury may recess and reconvene as the grand jury sees fit. 1996 Op. Att'y Gen. No. U96-15.

- Grand jury has authority to appoint committee for purpose of observation of county affairs if such observation is limited to the duties prescribed in this section; a grand jury may recommend compensation for the committee members, but a judge of the superior court must determine and approve the compensation. 1977 Op. Att'y Gen. No. U77-36 (decided under former Code 1933, § 59-310).

Grand jury may appoint citizen committee to report upon conditions in county funded public assistance programs, but neither a grand jury nor a superior court judge is authorized to employ a fraud investigator. 1975 Op. Att'y Gen. No. U75-70 (decided under former Code 1933, § 59-310).

Members of a previous grand jury may be appointed as a citizens committee by the current grand jury in order to investigate matters which are county affairs, such as problems at a regional hospital, so long as county officers or county funds are involved in the operation of the hospital. 1989 Op. Att'y Gen. No. U89-10 (decided under former O.C.G.A. § 15-12-76).

- Inspection and examination specified in this section is limited to the official records and documents of the enumerated offices, and does not extend to the private and personal books of the persons who happen to be occupying these individual offices. 1963-65 Op. Att'y Gen. p. 361 (decided under former Code 1933, § 59-309).

- County commissioners may use a grand jury to advise the commissioners on selection of police but may not delegate the commissioners' authority to appoint police to the grand jury. 1960-61 Op. Att'y Gen. p. 79 (decided under former law).

- When no indictment has been formally prepared for consideration by the grand jury, the grand jury has no power to compel attendance of witnesses. 1987 Op. Att'y Gen. No. U87-20.

- When a district attorney cannot provide the grand jury either the name of the accused or the specific offense to be charged, the grand jury has no authority to conduct an investigation. 1987 Op. Att'y Gen. No. U87-20.

- County grand jury lacked the authority to inspect city records and investigate the operation of the city water system since the grand jury had no authority to conduct investigations of city matters when the grand jury was not considering an indictment for criminal violations. 1988 Op. Att'y Gen. No. U88-2.

- Grand jury may investigate the operation of county offices by reasonably observing county officials in the performance of the officials' duties, but the grand jury may not conduct a generalized investigation into possible criminal conduct of public officials absent a proposed indictment or presentment. 1996 Op. Att'y Gen. No. U96-15.

- Grand jury has the authority to investigate independent school systems. 1983 Op. Att'y Gen. No. U83-23 (decided under former O.C.G.A. § 15-12-76).

- Grand jury's civil investigative authority is limited to county matters. Only in the investigation of a possible criminal violation for the purpose of considering an indictment would a grand jury have authority to subpoena state or city records. 1985 Op. Att'y Gen. No. U85-28.

Grand juries do not have the power to subpoena duty records of the state patrol or city police to determine the accuracy of disbursement of witness fees by the clerk's office. 1985 Op. Att'y Gen. No. U85-28.

- There is no authority which would allow a grand jury to investigate or make general presentments concerning a city police department, whether the grand jury is acting on the grand jury's own or through a committee appointed by the grand jury from members of a previous grand jury. 1985 Op. Att'y Gen. No. U85-28.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Grand Jury, §§ 2, 3, 33, 34.

- 38A C.J.S., Grand Juries, § 88 et seq.

- Matters within investigating powers of grand jury, 22 A.L.R. 1356; 106 A.L.R. 1383; 120 A.L.R. 437.

Validity and construction of statute authorizing grand jury to submit report concerning public servant's noncriminal misconduct, 63 A.L.R.3d 586.

Individual's right to present complaint or evidence of criminal offense to grand jury, 24 A.L.R.4th 316.