“Le Grande Inquest” The History and Laws of the Grand Jury System Don Barbee Jr., Esq. Clerk of Circuit Court & Comptroller Hernando County, Fl

Origins of the Grand Jury 12 Men from every 100 Secret Accusations Prevent Escape Loyal to Monarch Fines and penalties King Henry II

Making it “Grand” 12 man – Accusatory Jury Becomes 23 Knights – “Le Grande Inquest” Move toward independence Focus on Fairness Shifting Loyalties King Edward III

Grand Juries in America “Assistants” – Legislate, Charge, Convict st Grand Jury – Charged Assistants – Growing Role 5 th Amendment - Capital Crimes

Powers of the Grand Jury Indictment Presentment Use of indictments in Florida

Impanelment When? – No more “terms of court” 1/1/14 – See How many summoned? – Admin order/past practice, Hern. = 150 (too many?) How many do we need? – 21 members max, 15 members min (quorum) – 12 votes required for indictment or presentment Disqualification?

The Big Day Who is present during impanelment? – Presiding Judge – State Attorney – Deputy Clerk – Live Court Reporter Electronic Court Reporter – off? – Public??? Pre-qualification (judge or clerk) Voir Dire Process – Cause Only

The Session Administrative Session Foreperson/Vice – Appointed by Judge – Recommendation of ASA “Clerk” appointed by Foreperson – No COC staff present in session

The Documents List of Grand Jurors – Confidential (313 So.2d 39) – Identity included in secrecy provisions – AGO Informal 1995 Notes (jurors & court reporters) Transcripts Testimony – Confidential (F.S )

More Records Issues Indictment – pre-arrest = confidential – post-arrest = public ( no redaction of foreperson – AGO ) Grand Jury Reports – Motion to Repress List of Witnesses – Statutorily required from foreperson