Frequently Asked Questions

CGJA, acting though its Legal and Legislative Resources Committee (LLRC), responds to questions from civil grand jurors, CGJA members and chapters, court personnel, and civil grand jury legal advisors about grand jury functions and procedures. Authorized individuals may submit questions by going to the Jury Resources tab and clicking on Legal & Legislative Resources. Questions submitted to LLRC must be phrased in a hypothetical manner to avoid the divulging of confidential information.

The following questions are those that have come up most frequently in recent years. The information provided in our answers is based solely on LLRC’s familiarity with civil grand jury law and practices in California. These answers are not intended to be legal advice, and should not be relied upon as such. Civil grand jurors should consult with their authorized legal counsel whenever legal issues arise.

All references are to the California Penal Code (PC) unless otherwise stated.

Download Printable FAQs here.

TABLE OF CONTENTS

The questions are divided into these categories:

Grand Jury Procedures and Members

Grand Jury Investigations

Grand Jury Interviews

Grand Jury Reports

Questions Regarding Grand Jury Procedures and Members:

1. Q. May a current or former employee of a local governmental agency be on a grand jury?

A. Yes. But a grand juror who has been employed during the prior three years by a local agency that the grand jury is authorized to investigate must report that employment to the presiding judge and the foreperson and recuse from any investigation or report on that agency. (PC §916.2)

2. Q. May a grand juror serve consecutive terms on a grand jury?

A. Yes. The presiding judge may allow up to 10 sitting jurors to hold over for “a second year.” (PC §901 (b)) CGJA interprets this language to mean that a juror can serve only two full consecutive years. The code does not explicitly allow for service for longer than that. However, a few courts allow a juror to serve for more than two consecutive years, so CGJA recommends consultation with the court or grand jury’s legal advisor on this issue.

3. Q. May a sworn-in alternate juror participate in grand jury proceedings, such as sitting in on interviews, before being impaneled?

A. No. Alternates cannot participate in any way in grand jury proceedings. They are not members of the grand jury until impaneled. Allowing an alternate to sit in on an interview would violate the rules of confidentiality that prohibit the disclosure of evidence to non-jurors. (PC §924.1)

4. Q. May a grand jury continue to function if its membership falls below the number of jurors that were originally impaneled?

A. Yes, as long as the number of grand jurors does not fall below that needed for a supermajority vote. In most counties, the supermajority is 12 (of a 19-member jury). However, in Los Angeles county, it is 14 of 23, and in some counties with a population under 20,000, it is 8 of 11.

5. Q. Does a grand jury have to follow the prior grand jury’s procedures manual?

A. No. Each grand jury must adopt its own rules of procedure. (PC §916) However, rather than draft a new set of rules, it is more practical for a grand jury to initially adopt and follow an existing procedures manual and then make whatever amendments a supermajority of the sitting grand jury desires.

6. Q. What is a quorum for a meeting of the full grand jury? Can a grand jury meeting take place with less than a quorum present?

A. A quorum is the number of jurors who must be present at a meeting to conduct business. The Penal Code does not prescribe a quorum for the grand jury, but section 916 requires a supermajority vote of the entire jury (see FAQ #4) to take “public actions” (see FAQ #19), and many grand juries have adopted a rule establishing the number of jurors needed for a supermajority vote as their quorum. The panel may assemble without a supermajority being present, but would be unable to take public actions on behalf of the grand jury.

7. Q. Can a grand juror who will be absent from a meeting vote by proxy?

A. No. A proxy gives a person’s right to vote to another person. Proxy voting by grand jurors is not addressed in the Penal Code, but CGJA believes it is not appropriate. The grand jury is a deliberative body, and each member is expected to take part in deliberations. Because the absent juror would not be able to hear and take part in deliberations leading up to the vote, a proxy vote should not be allowed.

8. Q. May a grand jury conduct telephonic or videoconference meetings?

A. Yes, provided the jurors are able to hear all the other participants during the meeting and be able to contribute to the discussion. There is nothing in the Penal Code that would prohibit a grand jury from conducting a meeting electronically or by using a conference phone. Assuming the grand jury’s procedures manual permits, meetings may be conducted in this manner.

9. Q. May a grand jury use email among its members and still maintain confidentiality?

A. Yes. Some grand juries use a secure, closed environment that allows jurors to communicate confidentially. Outside a closed environment, jurors should place confidential material in password-protected attachments and not in the body of the email message, adequate protection of confidentiality can be maintained. It is up to each grand jury to decide whether and how to use email and document the practice in its rules (its procedures manual). The assistance of the county’s information technology staff may be sought if necessary.

10. Q. May sitting grand jurors be involved in political campaign activities?

A. While grand jurors do not lose their rights as citizens to engage in the political process, they should not link their status as grand jurors to any political endorsements or imply that their position on a political issue has something to do with information they received during confidential grand jury proceedings. Many grand jurors refrain from taking public stances on local political candidates or ballot measures during their term of service to avoid conflicts of interest, which could require a juror’s recusal.

11. Q. Under what circumstances must grand jurors recuse themselves from participating in an investigation, report writing, or voting?

A. Grand jurors must recuse themselves if reasonable persons would conclude that the juror’s relationship to or experience with the entity or any of its officials results in a real or perceived bias for or against the entity or official. In addition, grand jurors who have been employed during the prior three years by a local government agency must recuse themselves from the investigation of their employing agency, under Penal Code section 916.2. (See FAQ #1) Further, the Political Reform Act, which prohibits government officials and employees from having financial conflicts of interest, applies to grand jurors and can require their recusal.

12. Q. May a recused grand juror be interviewed as part of the investigation?

A. No. A recusal must be complete. The recused juror cannot discuss the topic with any other juror, be interviewed on the topic, or take part in any aspect of the investigation or the writing or editing of the report. The juror may not vote on any motion related to the investigation or report and should leave the room when the investigation or report is being discussed.

13. Q. What happens if a grand jury discovers mid-investigation that one of the jurors has a conflict of interest and should have been recused?

A. The juror with the conflict of interest should be recused from the rest of the investigation and the writing and editing of the report. The recused juror should not participate in any deliberations or vote on the matter. In addition, the jury should consult with its legal advisor to determine if the investigation is so tainted by the appearance of impropriety that the jury should terminate its investigation and (upon a supermajority vote) forward its investigative file evidentiary materials to the succeeding grand jury, as allowed under Penal Code section 924.4. (See FAQ #16)

14. Q. Can a grand jury vote to remove one or more of its members?

A. No. While the grand jury or foreperson can recommend that the judge remove a juror, only the judge can take that action.

15. Q. Can members of a grand jury be excluded from meetings of a committee of which they are not members?

A. The Penal Code does not address the propriety of limiting a grand juror’s participation based on committee assignment, unless the juror must be recused because of an actual or perceived bias or conflict of interest. CGJA believes the jury may adopt a rule (on a supermajority vote) to allow for attendance at any meeting. Forepersons and pro tems are often designated as ex officio members of all committees.

16. Q. What should the grand jury do with its confidential records and documents at the end of its term?

A. The grand jury, on a supermajority vote, may pass to the succeeding grand jury confidential records, information, or evidence it acquired during a civil investigation. (PC §924.4) This is usually done because the jury did not have time to complete an investigation on that topic. The Penal Code does not mention records retention or destruction. However, CGJA recommends that those evidentiary materials that are not passed forward be sealed and secured for at least one year. This would enable the court to pass documents forward on its own directive. If a defamation lawsuit is threatened, the complete file on that investigation should be given to the jury’s legal advisor and held for two years. Confidential documents that are not passed forward, sealed, or given to the legal advisor should be shredded at the end of the term. Confidential documents kept electronically should be erased.

17. Q. Is there a statutory requirement that grand juries keep or store their reports and the responses received in any particular location or for any particular length of time?

A. The grand jury must maintain a copy of each report and all the responses it receives for a minimum of five years. (PC §933) Exactly where the reports and responses must be stored is not specified, but CGJA recommends that hard copies be kept in a place readily accessible to the jury for research purposes. They should also be posted on the grand jury’s website. CGJA believes that posting the reports and responses on the website for five years meets the requirement of Penal Code section 933. That section also requires the clerk of the court to forward the reports and responses to the state archivist to be held in perpetuity.

18. Q. When does a grand jury’s term end?

A. The term ends when the successor grand jury is impaneled and sworn, unless the current jury has already been discharged by the court. (PC §905.5) The superior court can extend the grand jury’s term by not discharging it and not impaneling a new grand jury.

Questions Regarding Grand Jury Investigations:

19. Q. Is a supermajority vote required each time a committee of the grand jury conducts an interview or requests that an entity provide copies of specific records?

A. A separate vote is not needed if the entire jury, by a supermajority vote, has already authorized a full investigation, including conducting interviews, making site visits, and submitting document requests. Penal Code section 916 provides that “all public actions” of the grand jury require the concurrence of a supermajority of the panel. CGJA believes that “public action” means any action that would reveal to a member of the public information about a proposed or pending investigation. Conducting an interview or requesting documents would reveal such information and thus requires supermajority authorization. The supermajority can authorize a full investigation, including any interviews or document requests or site visits the committee might decide are needed, or it can limit its authorization to specific interviews or requests and decide later whether to allow a full investigation.

20. Q. Is there any required number of agencies a grand jury must investigate?

A. Yes. A grand jury must investigate and report on at least one county agency or function. (PC §925) If asked by the county board of supervisors, the grand jury must investigate and report upon the need for an increase or decrease of county elected officials’ salaries. (PC §927)

21. Q. What are the differences between a grand jury inquiry and an investigation?

A. “Inquiry” is a term used, but not defined, in the Penal Code. CGJA believes an inquiry is a preliminary review that is narrower and less rigorous than an investigation. An inquiry may lead to an investigation, which is a systematic fact-finding and verification process that includes research, interviews, and sometimes observations. A report cannot be based on an inquiry; it must be based on a full investigation, since all the report’s facts must be verified.

22. Q. What topics must the grand jury inquire into?

A. A grand jury is required to inquire into 1) the management and condition of public prisons within the county and 2) the willful or corrupt misconduct in office of a local government official. (PC §919) A “public prison” is defined as including a local detention facility that holds people over 24 hours, such as a county or city jail. CGJA has not taken a position as to whether a state-operated correctional facility is a public prison for the purposes of section 919. The duty to inquire into a local detention facility may be satisfied by a site visit, an interview of the person in charge of the facility, or a review of public records. CGJA believes that the requirement to inquire into willful or corrupt misconduct arises only when there is credible evidence of such conduct.

23. Q. Is a grand jury required to launch an investigation in connection with every complaint or request for investigation it receives?

A. No. Each grand jury has complete discretion in deciding which, if any, complaint or request for investigation to investigate.

24. Q. Is it proper for a grand jury to inform a complainant whether it has chosen to investigate or not investigate the complaint?

A. No. Providing this information would reveal the nature, course, scope, or direction of the grand jury’s investigation and thus would violate confidentiality requirements. (See Los Angeles Times v Superior Court (2003) 114 Cal.App.4th 247) However, CGJA believes that a grand jury may adopt a procedural rule that it may notify complainants on a case-by-case basis when the grand jury does not have the jurisdiction to investigate the complaint (for example, if the complaint is aimed at a federal agency or a private individual).

25. Q. Do the laws requiring confidentiality allow jurors to discuss an ongoing investigation with prior grand jurors?

A. No. Each grand jury is a legally separate body and must maintain the confidentiality of its proceedings, deliberations, and votes. The Penal Code provides no exception for talking in confidence to former or succeeding grand jurors. Grand jurors may not be questioned about anything they say during grand jury meetings or proceedings (PC §924.3) and revealing such information is a misdemeanor. (PC §924.1)

26. Q. May a grand jury use a written survey to gather evidence?

A. The Penal Code does not explicitly prohibit the use of written surveys, but CGJA believes using them violates confidentiality rules. A survey’s questions reveal the nature of the investigation, which is confidential. Further, the grand jury has no way to prevent the recipient from sharing the survey with others. In addition, investigating a large number of surveyed entities would be very time-consuming. The grand jury must verify any information gained from the survey if it is to be included in the report because answers to the survey questions are considered “raw evidence” until verified. The jury must also interview a representative of each entity reported on. Grand juries should always consult their legal advisors concerning confidentiality issues before conducting a survey.

27. Q. How does a grand jury verify the information it gathers during an investigation?

A. CGJA recommends that the grand jury make sure that each statement in its report is supported by as many sources as needed to confirm that the statement is factual. The sources can be any combination of interviews, research, or observations. However, highly reliable federal or state (not local) government data or published reports, as long as they are confirmed as being current, may not need to be verified. For example, the grand jury would not need to verify official federal census information but should confirm that the census report is current.

28. Q. Can a local governmental agency refuse to produce records requested by a grand jury?

A. Although the grand jury is allowed “free access … to the examination of all public records within the county.” (PC §921) However, there are exceptions to that access. An example is where the public policy reasons for the confidentiality requirements of certain records (such as medical or psychiatric records, or attorney/client privileged communications) outweigh the policy reasons that support the grand jury’s investigative function.

29. Q. Can a grand jury investigate and report on a topic that is the subject of a pending civil lawsuit?

A. Yes, but CGJA recommends that the grand jury consult with its legal advisor before starting the investigation or writing a report. The Penal Code does not prohibit a grand jury from investigating a matter that is being litigated. However, the jury might want to refrain from doing so in order to avoid confusing witnesses, interfering with the attorney/client relationship, or appearing that the jury is “taking sides” in the dispute. If the jury writes a report, it should avoid any analysis of the conduct of the court proceedings because the courts and judges are state agencies and officials outside the scope of the grand jury’s jurisdiction.

30. Q. Can a grand jury investigate a complaint regarding a criminal matter either before or during the trial, or while an appeal is pending?

A. The grand jury does have this power, but CGJA recommends that the jury consult with the district attorney or county counsel before starting the investigation. The grand jury must take care to avoid interfering with a criminal prosecution or the appearance that it is investigating the court (which is a state agency, outside the grand jury’s jurisdiction).

31. Q. What should a grand jury do if it has a reasonable basis to believe its investigation has uncovered criminal activity?

A. CGJA recommends that the grand jury immediately contact the district attorney for assistance in determining how to proceed. No report should be issued until after the matter is discussed with the grand jury’s legal advisor.

32. Q. Can a grand jury use the evidence gathered by its predecessor in its investigation and report?

A. While the grand jury is allowed to review any civil investigation materials a prior grand jury passed forward to it pursuant to Penal Code section 924.4, the current grand jury can only include in its report the information that it verifies through its own investigation. (PC §939.9)

33. Q. May a grand jury investigate and comment upon a local entity’s policy determinations?

A. No. The grand jury’s jurisdiction is limited to the review of an entity’s operations and procedures. It may not comment upon the merit, wisdom, or expediency of the entity’s policies or its policy determinations, which the governing board of the entity was elected to make. While it is often difficult to distinguish policy determinations from operations, the easiest way to look at it is that policy determinations are its “big picture” decisions while operations are how it carries them out on a day-to-day basis. We refer grand juries to their legal advisors for help in understanding this jurisdictional limitation. (Board of Trustees of Calaveras Unified School District v. Leach, 258 Cal.App.2d 281; 64 Ops.Cal.Atty.Gen. 90; 78 Ops.Cal.Atty.Gen 290)

34. Q. Is a grand jury permitted to use artificial intelligence (AI) such as Google Genesis, ChatGPT, or Microsoft Copilot to conduct research?

A. CGJA believes grand juries may use AI to conduct research, with the understanding that the information obtained may be incorrect. All the information is “raw evidence” that requires sufficient verification before it can be considered factual and included in a grand jury report. CGJA recommends that juries consult with their legal advisor before using AI to conduct research.

35. Q. May a grand jury investigate a nonprofit corporation?

A. Yes, but only if the nonprofit corporation was created by or is operating on behalf of a public entity (PC §933.6) and provides a routine public service. These types of nonprofit corporations are rare. If a local governmental agency is providing funding to a nonprofit corporation neither established by it, nor operated on its behalf, a grand jury can only investigate the governmental agency to determine whether it is getting what it expected from the funding. It may not conduct a general investigation into the operation and finances of the nonprofit itself.

Questions Regarding Grand Jury Interviews:

36. Q. Can a local official the grand jury wants to interview require that the jury submit its interview questions to the official in advance?

A. No. Submitting interview questions in advance would improperly reveal the nature, scope, or direction of the grand jury’s investigation and would thus violate the grand jury’s confidentiality obligations. (See Los Angeles Times v Superior Court (2003) 114 Cal.App.4th 247)

37. Q. Can a grand jury go through an intermediary, such as an official’s secretary, to set up interviews?

A. Yes, but care must be taken not to reveal the topic being investigated or any other confidential information.

38. Q. May an interviewee have counsel present while being interviewed by the grand jury?

A. No. A witness has no right to have counsel present during a grand jury interview. (Farnow v Superior Court (1990) 226 Cal.App.3d 481). Only the grand jurors and, when needed, a court-appointed interpreter may be present during an interview in a watchdog investigation. (PC §939) This is so even if the interviewee has been subpoenaed. However, CGJA believes that the interviewee may take a recess during the interview to leave the room to consult with counsel (but not to consult with a co-worker or a union representative).

39. Q. What is the difference between an admonition and an oath?

A. An admonition is a directive to an interviewee that the interviewee not reveal questions asked by the jurors, the interviewee’s responses to the questions, or any other matters concerning the investigation that the interviewee learned during the interview. An oath is a promise by a witness or interviewee to tell the truth. Grand juries rarely put interviewees under oath. Any juror can give the admonition. In contrast, only the foreperson, or in the foreperson’s absence or disqualification, the pro tempore, may administer an oath. (PC §939.4; PC §916.1) )

40. Q. What should a grand jury do if an interviewee violates the admonition?

A. The grand jury should ask its legal advisor to contact the interviewee to reinforce the duty to preserve grand jury secrecy. Although a violation of a properly worded admonition may be punishable as contempt of court, contempt proceedings are rarely filed.

41. Q. Is there anyone a grand jury must interview when conducting an investigation?

A. Yes, with a very limited exception. The grand jury must “meet with the subject of the investigation regarding the investigation, unless the court … determines that such a meeting would be detrimental.” (PC §933.05(e)) CGJA believes that “the subject of the investigation” means the department head or other official or board in charge of the matter under investigation. The meeting should be conducted as an interview. In some investigations, the jury will separately interview more than one “subject,” because the jury is investigating more than one department or entity. In addition to the mandated interview, the grand jury should always conduct an exit interview with the “subject” to ensure the accuracy of the draft report’s findings. (See FAQ #46)

42. Q. Can a grand jury interview private individuals?

A. Yes. The grand jury may interview any person who has relevant information about the topic under investigation, including private individuals or persons employed by state or federal agencies.

43. Q. What can a grand jury do if a proposed interviewee refuses to attend the interview?

A. As a first step, the person scheduling the interview should try to persuade the person to attend the interview. If they still refuse to attend, the grand jury could ask its legal advisor to contact the reluctant interviewee. As a last resort, and if the person resides within California, a judge, the district attorney, or a district attorney’s investigator may issue a subpoena on the grand jury’s behalf, compelling the person to attend the interview. (PC §939.2)

44. Q. Can a grand jury conduct an interview by phone or by using a virtual meeting service?

A. CGJA believes that a grand jury may conduct an interview by conference call or by using a virtual meeting service such as Zoom or Microsoft Teams. However, care must be taken to confirm that the interview cannot be overheard by others. And there must always be at least two jurors present and able to hear the whole content of the interview. (PC §916)

45. Q. May a grand jury record an interview? May the interviewee?

A. A grand jury may record an interview, whether it is in person or remote. However, this may be done only with the consent of all participants, including the interviewee. (PC §632) An interviewee has no right to record the interview. The grand jury should refuse to allow an interviewee to record, or even take notes, in order to protect grand jury confidentiality.

46. Q. Must a grand jury conduct an exit interview?

A. Penal Code section 933.05(d) allows a grand jury to meet with a representative of the entity it investigated to read and discuss the findings contained in the final draft of the report. CGJA calls this meeting, which is conducted in an interview format, an “exit interview.” While an exit interview is not required by law, CGJA highly recommends the use of exit interviews so that the grand jury can confirm that its findings are accurate and up to date.

47. Q. How can the grand jury keep the identity of an interviewee confidential during an investigation?

A. The jurors who conduct an interview must never reveal to the interviewee, directly or indirectly, who else was or will be interviewed. Further, the jury should interview enough individuals holding similar jobs so that it cannot be determined who provided the information in question. (See FAQ #53)