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Grand Jury Reform in Texas
The document discusses the grand jury system in Texas, detailing its constitutional foundations, roles, and reforms implemented since September 1, 2015. It outlines the formation process of grand juries, their powers, and what occurs during grand jury proceedings, including the voting process. Notably, a shift occurred from a commissioner-based selection to a summoning process for prospective jurors.
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Grand Jury Reform in Texas
- 1. Grand Juries inTexas A look at the grand jury system in Texas and upcoming reforms to the Grand Jury process Benson Varghese Varghese Summersett PLLC https://versustexas.com (817) 203-2220 Presentation to Fort Worth Paralegal Association
- 2. What is aGrand Jury?
- 3. What is aGrand Jury? • In 2014, 80-90% of all cases in major metropolitan areas in Texas presented to grand juries were indicted.
- 4. Why have GrandJuries? • The Fifth Amendment to the Constitution of the United States reads, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…" • Texas Constitution Article 1, Section 10 provides …no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury… • Code of Criminal Procedure Article 1.05 provides No person shall be held to answer for a felony unless on indictment of a grand jury.
- 5. Role of aGrand Jury • To determine is probable cause exists that an offense has occurred. • To act as a filter between allegations and a person facing felony charges.
- 6.
- 7. How Grand Juriesare Formed • Pre-Sept 1, 2015 • District Court judge-appointed 3-5 commissioners • Commissioners chose grand jurors • Pursuant to Article 19.06, they selected 15-40 to be grand jurors
- 8. How Grand Juriesare Formed • Post-Sept 1, 2015 • 20 – 125 prospective grand jurors • Summoned in the same manner as panels for civil cases in district courts are summoned • The grand jury commissioner system is abolished.
- 9. Powers of theGrand Jury • True Bill / No Bill Case • Investigative Power • Summons in-county • Subpoena out-of-county
- 10. What happens insidethe Grand Jury room? • Presentation of Evidence by the State • Witnesses • Questions • Can be informed by “any other credible person.” Defense presentations.
- 11. The voting process •Quorum: 9 • 9 vvotes required for a true bill
- 12. Benson Varghese Varghese SummersettPLLC 817-203-2220 https://versustexas.com