: July 26. 1972
Honorable George N. Rodriguez, Jr. Opinion No.M-1171
county Attorney
El Paso'County Re: Can a Grand Jury In-
City-County Building, Room 201, vestigate ana report
El Paso: Tetis' ?!901 '~ on'non-criminal matters?
Dear Mri~~ti++gu+z:'
You~hati&‘&kea our:opini& as:to ;;r+nd.jtiries
making .reports
to the distd&:&ourts ,tiotinvoIvin4 the'r.eturn'of,~indictmentrc.
SpecificaPly.you.ask:
‘.Artfcie 2a':19,.*eiasjC0ab~
~of~Cri&.nalP*oc&ure, ptiovides:
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Honorable George N. Rodriguez, Jr., page 2 (M-1171)
"After all the testimony which is accessible
to the grand jury shall have been given in respect
to any criminal accusation, the vote shall be taken
as to the presentment of an indictment, and if nine
members concur in finding the bill, the foreman
shall make a memorandum of the same with such data
as will enable the.attorney who represents the State
to write the indictment. Acts 1965, 59th Leg., vol.
2, p. 317, ch. 722."
Article 20.21, Texas Code of Criminal Procedure, states:
"When the indictment is ready to be presented,
the grand jury shall go in a body
-. into
~. open
.-.. court,
and through their foreman, deliver the indictment
to the judge of.the court. At least nine members
of the grand jury must.be present on such occasion.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722."
While certain other statutes require the filing of certain
reports and information with the Grand Jury (i.e. Section 15 of
Article 459Oc-1, Articles 3896, 6714, and 7217, Texas Civil
Statutes), it.seems clear that the Grand Jury is to Consider the
reports.to determine if any-criminal violations are present or
indicated. Note should also be made that the only reports to
the district court covered.,bystatute are the delivery of in-
dictments as'authorited by.Article 20.21, Code of Criminal Pro-
cedure. (Article 19.38, Code of Criminal Procedure, does direct
the Grand Jury to report to the district court where the Grand
Jury bailiff violates his duty).
It ,is therefore evident that under the law of Texas, the
power of the Grand Jury is limited to investigating possible
criminal.offenses aa delivering any resulting indictment to the
district court when nine.members of the jury vote to return an ini
ment. Ex Parte,Jennings, 240 S.W. 942 (%ex~Crim. 1922); Ex Parte
Miller, 240 (Tex.Crim. 1922); Alt v. State, 203 S.W.Zd
There being no authority given to the Grand Jury to fn-
vestigate civil matters or'to make any investigation into,circum-
stances where no criminal offense is suspected or alleged, no
report or recommendation to the district court in such matters 15
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Honorable George N. Rodriguez,.Jr., page 3 (M-1171)
authorized, the only report being authorized by law being in
the form of indictments.where nine members vote to return the
indictments:- Rich v. Eason,~l80 ,S.W. 304 (Tex.Civ.App. 1915,
no writ).
As the court said in.Rich v. Eason, supra, in construing
the predecessor ‘Grand Jury statutes:
II
. . .The articles in our criminal procedure
which.define the duties of the grana.jury are
silent with.respect to.any report, such as is
alleged.to have been,made with reference to the
misconduct-or moral character of the.appellant,
as claimed in this.case."
And the court concluded that a Grand Jury-report reflecting on
the moral characterof..several county and city officers was not
privileged (because there was no authority for the report),and
so could-become.the,subject of-a libel action against the Grand
Jurors.
.~~~
The view expressed by the Texa8.courts.i~ in accord with
the rule-of ,other jurisdictions. Volume 38;'American:Juris-
prudence.2d-pages -974-976; Grand Juries; Sets. 29 and,30,
states the rule thusly:
"In the absence.of'special statutory author-
.ization-;grana,
juries cannot-~'act.incivil.matters."
and
?In the'absence.of the statute,:a,grand jury
has.no right.to.file.-a~~reportpflecting,on t&e
character-:&Kconauctf..of,,pub~t~...officer~~
or~,citk..~
-,z&as;~-sunless-.it"is
'~accoinpanie,d
or"followedby :,an
indictment."
Accordingly, we are.of the opinion'that a Grand Jury can
only.,investigate.,criminal matters with the end view being the
voting of or rejection .of.-anindictment. It follows that a
Grand Jury has 'no authority ~to.ieport~.on‘non-criminalmatters
and,any such-report.should not.be'filed..or.disclosedby the
district court.
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Iionorable George N. Rodriguez, page 4 (M-1171)
SUMMARY
A Grand Jury can only investigate alleged
criminal offenses and can only report as to in-
dictments returned.
s very truly,
(G%kzzL
C. MARTIN
ney General of Texas
Prepared by Lonny F. Zwiener
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Bob Lattimore
Ben Harrison
Jay Floyd
John Reeves
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED’WALKER
Executive Assistant
NOLAWRITE
First Assistant
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