by Max Marbut
Staff Writer
“Is there anything you’d like to discuss?”
“What do you think about that?”
Those are two questions an attorney — especially the State Attorney — is strictly prohibited from asking a jury in the course of a criminal or civil trial. When it comes to a grand jury, however, the rules are different.
“I love being able to ask those questions of a grand jury,” said Harry Shorstein, State Attorney for the Fourth Judicial Circuit.
The grand jury’s power is focused on investigating and evaluating evidence in criminal cases limited to murder in the first degree and all phases of the civil administration of government.
In Florida, a grand jury is comprised of 21 citizens who meet at least once a week. They serve a term of six months – or longer if the grand jury’s business has not been concluded at the end of that term. The term for the grand jury that is currently considering the allegations in re: City Council members’ adherence to the Sunshine Law and the issues involved in the Pro Logic consulting contract with the City was to expire Oct. 31 but has been extended up to Jan. 31, 2008.
In addition to being allowed to confer with the grand jury concerning the law, Shorstein or an assistant state attorney is present during testimony before and during deliberations of the panel, but the grand jury votes in secret.
Grand juries are selected from the same pool of citizens as petit juries (who serve for a specific criminal trial or civil action) and members are paid the same as petit jurors: $15 per day for the first three days of service, $30 per day thereafter.
The grand jury wields broad powers to make inquiries into civil administration regardless of whether criminal or irregular conduct is charged. It has the power to investigate public offices to determine if they are being conducted according to law and good morals.
The grand jury also has the power to investigate the conduct of public affairs by public officials and employees, including the power to inquire whether officials are incompetent or lax in the performance of their duties.
Shorstein said there’s more than one way an accusation can lead to a grand jury investigation.
“The court can order the grand jury to investigate,” he said, then added, “but that’s never been done.
“As state attorney, I can recommend an investigation or the grand jury can determine on its own to conduct an investigation. The news media can also call for an investigation or any citizen could write a letter calling for an investigation. I’d take it to the grand jury and ask them ‘what do you think?’”
Of the 21 members, 15 must be present in order for the grand jury to hear testimony or deliberate.
Following an investigation, if 12 or more members agree there has been a crime committed or an act of malfeasance, the grand jury returns a “true bill,” more commonly known as an indictment.
Shorstein pointed out grand juries often find no evidence of a crime or wrongdoing. The grand jury is both a sword and a shield, he said.
“It’s a sword because the power of the grand jury has a chilling and deterrent effect on those who violate the law,” said Shorstein. “It is a shield because of its power and duty to protect the innocent against persecution”
A grand jury has been described as “one of the keystones of democracy” and serves an important purpose, said Shorstein.
“The searching eye and inquiring mind of the grand jury is an effective deterrent to evil and corruption,” he said. “No officer or agency of government is above or beyond the reach of the grand jury.
“The bottom line is a grand jury — with a credible prosecutor — performs an invaluable service. It’s best to have the public involved because that allows the public to make the decisions. The ultimate power — as it should — rests with the people. That’s the service the grand jury provides not only to the public, but also to the judicial system.”
Shorstein also said some are critical of the process because they think a prosecutor can hide behind the grand jury, but he disagrees.
“I don’t need a grand jury to determine if a crime has been committed, but it gives us the benefit of the conscience of the community and the people are the state attorney’s boss. That’s why I think the grand jury is so important. It’s 21 of my bosses and I want their input,” said Shorstein.