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JURY--Real Power of Juries, Fully Informed Juries
Subject: New Way to Reach Grand Juries Nationwide
New Way to Reach Grand Juries Nationwide
Our best hope to get judicial corruption and government corruption addressed is with our local grand juries.
William M. Windsor has developed a great new initiative to enable many of us to reach grand juries with our criminal complaints. Here's how....
These are my opinions as a layperson reviewing what it takes to bring criminal charges against corrupt government officials and employees.
Research your state's statutes on grand juries. Determine what types of grand juries exist in your state, and determine what the laws are relative to grand juries. Look for three specific pieces of information:
1. Does your state's grand jury statutes say that any citizen is allowed to present charges and evidence to the grand jury? Those states that I have thus far found to say this are Florida and Tennessee. There may be many more.
2. Does your state's grand jury statutes provide that a judge is ultimately responsible for the grand jury? I believe every state with grand juries probably has this provision. Who is it? Is it always the same judge, or does it vary? Call the jury department of the office of the clerk of the court and find out. Get the name of the judge who swore-in and/or is responsible for the current grand jury. Find out when this grand jury's term expires.
3. Does your state's grand jury statutes grant powers to the district attorney, state's attorney, or prosecuting attorney? If so, what are those rights?
If any Citizen is allowed to present Evidence to the Grand Jury
If any citizen is allowed to present evidence to the grand jury, then you need to prepare your charges and evidence, and then make the request in writing to the Grand Jury as well as the District Attorney / County Attorney / Prosecutor with proof of service. Certified mail return receipt should be used. You can also hand-deliver it.
What to do with the Responsible Judge
If you are blocked in your efforts to reach the grand jury, then jury tampering has probably taken place. So, you need to go to the courtroom of the responsible judge and ask to address the court. Have a document prepared that summarizes what happened, and have your evidence. Ask the judge to press charges against those who committed the crime of jury tampering, and demand that you be given the right to present your changes and evidence to the next grand jury. Here is the Letter that i sent to Judge Kelly Amanda Lee regarding my experience with jury tampering. This will give you an idea of what you would want to write about.
If the District Attorney / County Attorney / Prosecutor has No Authority over the Grand Jury
If your state's grand jury statues give the District Attorney / County Attorney / Prosecutor no authority over the grand juries, then you must insist that they back off and do nothing to interfere with your efforts to speak to the grand jury.
If they don't back off, file a legal action against the Office of the District Attorney seeking a declaratory judgment. You want a court to declare what the District Attorney / County Attorney / Prosecutor is and is not permitted to do based upon your state's grand jury statutes. I'd like to see one of these get filed in every state. The goal will be to get courts in every state declaring that the District Attorney / County Attorney / Prosecutor have NO RIGHTS of auhtority over the grand juries and that they may not interfere with any citizen's right to present information to a grand jury.
THIS WILL BE HUGE. This is how we can reclaim the people's rights to grand juries. This is how we can address the criminal activities of attorneys, judges, and government officials of all types.
Please let me know if you will handle your state. Email me atbill@LawlessAmerica.com or call me at 770-578-1094. I will keep a spreadsheet showing who is handling each state. I will try to identify people to handle states where no one volunteers.
State-by-State Analysis
Here is what jumped out at me from reviewing state grand jury statutes. Click on a state name hyperlink to access all of the grand jury statutes for the state. I will try to update this by reviewing each state:
Alabama --
Alaska -- Alaska State Code 12.40.030: "The grand jury shall inquire into all crimes committed or triable within the jurisdiction of the court and present them to the court. The grand jury shall have the power to investigate and make recommendations concerning the public welfare or safety." 12.40.040: " If an individual grand juror knows or has reason to believe that a crime has been committed that is triable by the court, the juror shall disclose it to the other jurors, who shall investigate it." This means a citizen should be able to present charges and evidence to a grand jury. If the district attorney claims any authority over grand juries, Alaska is a state where a declaratory judgment action should be filed to seek an end to this improper activity. Alaska Grand Jury Handbook.
Arizona -- The Presiding Judge of the Superior Court is responsible for the grand juries. [In your county, find out if the presiding judge is one person or does the position rotate.] Grand juries serve up to 120 days. Grand juries have a duty to investigate government corruption. 21-407 B. should allow a citizen to present information to a grand jury, but 21-407 A. may be problematic. 21-408 says the prosecuting attorney participates only when requested by the grand jury, and no one from the office of the prosecuting attorney can be present if charges are levied against anyone employed by the office of the prosecuting attorney. There is no provision for special grand juries, but there are statutes that allow state grand juries to be impaneled for up to six months. If the prosecuting attorney claims any authority over Arizona grand juries, then Arizona is a state where a declaratory judgment action should be filed to seek to end this improper activity.
Arkansas -- A judge is responsible for the grand juries. The judge appoints the foreman. Arkansas Code 16-85-503: "The grand jury must inquire into the willful and corrupt misconduct in office of public officers of every description in the county." The Court may impanel a Special Grand Jury. If the district attorney claims any authority over the grand juries, then Arkansas is a state where a declaratory judgment action should be filed to seek to end this improper activity.
California -- A judge is responsible for the grand jury. California Penal Code 911, 917m and 918 allow a citizen to present charges and evidence to a grand jury. The District Attorney, County Counsel, and Attorney General may not be present unless advise is requested by the grand jury. No one from the office of the district attorney may be present when charges are being investigated involving anyone employed by or connected with the office of the district attorney. Investigations of corruption by a grand jury may be PUBLIC. One year terms. The judge appoints the foreman. There are provisions for additional grand juries. There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else. If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority. If the DA has claimed authority, California is a state where a declaratory judgment action should be filed. Los Angeles County Grand Jury. California Grand Jury News.
Colorado --
Connecticut --Connecticut has Investigatory Grand Juries. Evolution of Connecticut's Grand Jury System.
Delaware -- Delaware Grand Jury Handbook. Matters may be brought to the grand jury's attention in three ways: by the attorney general, by the court, or by a member of the grand jury. The grand jury may make investigations on its own initiative and report its findings to the court in a grand jury report, or written statement, not charging any persons with the commission of a crime. The Grand Juror's Oath would allow a citizen to present charges and evidence to the grand jury. The judge appoints the foreman.
District of Columbia --
Florida -- A judge is responsible for the grand jury, and the judge appoints the foreman. 905.16 and 905.165 and 905.20 allow a citizen to present charges and evidence. Grand juries have a duty to investigate government corruption. The Florida Grand Jury Handbook says: "Charges of crime may be brought to your attention in several ways: by the court; by the state attorney (or the statewide prosecutor); from personal knowledge brought to your body by any member of the grand jury; and, lastly, by private citizens who have a right to be heard by a grand jury in formal session and with the grand jury's consent." The state attorney may give legal advice, but does not have any authority over the grand juries. The are provisions for a statewide grand jury. If the state attorney has claimed authority over the grand jury, Florida is a state where a declaratory judgment action should be filed. See Florida Grand Jury Statutes online. Florida Grand Jury Handbook.
Georgia -- A judge with the Superior Court is responsible for each grand jury. Grand juries serve two month terms. O.C.G.A. 15-12-67 and O.C.G.A. 15-12-74 allow a citizen to present charges and evidence to a grand jury; they don't say so specifically, but there is no statute or case law to prohibit it, and these statutes would allow it. There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else. If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority. Georgia is a state where we definitely need a declaratory judgment action. The District Attorney's staff has no rights to be in the grand jury room when a citizen presents charges. There is a provision for special grand juries. Grand Jury Handbook.
Hawaii -- A judge is responsible for the grand jury, and the judge appoints the foreman. Hawaii Rules of Penal Procedure Rule 6 (h) provides "that you will diligently inquire and make true determinations of all matters and things presented to you or which shall otherwise come to your knowledge...." So, this would allow a citizen to present charges and evidence. Hawaii has independent grand jury counsel. The prosecutor has no authority over the grand juries. If the prosecutor has claimed authority, Hawaii is a state where a declaratory judgment action should be filed to end this improper activity.
Idaho --A judge is responsible for the grand jury, and the judge appoints the foreman. There is a provision for a special grand jury. The prosecutor has no authority over the grand juries. If the prosecutor has claimed authority, Idaho is a state where a declaratory judgment action should be filed to end this improper activity.
Illinois --A judge is responsible for the grand jury, and the judge appoints the foreman. 705 ILCS 305/18 provides: "...you will diligently inquire into and true presentment make of all such matters and things as shall be given you in charge, or shall otherwise come to your knowledge, touching the present service...." This will allow citizens to present charges and evidence to grand juries. The district attorney has no authority over the grand juries. If the district attorney has claimed authority, Illinois is a state where a declaratory judgment action should be filed to end this improper activity. Illinois Grand Juror Handbook.
Indiana --
Iowa --Grand juries have a duty to investigate government corruption. SeeIowans for Accountability.
Kansas -- Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.
Kentucky -- Grand juries have a duty to investigate government corruption.
Louisiana --Articles 431 and 438 of the Louisiana Code of Criminal Procedure allow citizens to present charges and evidence to grand juries.
Maine --
Maryland -- allows private citizens to present information to a grand jury. Maryland Grand Jury Handbook.
Massachusetts -- Massachusetts Grand Jury Handbook.
Michigan --
Minnesota --
Mississippi --
Missouri --The judge is responsible for the grand jury, and the judge appoints the foreman. Grand juries have a duty to investigate government corruption. 540.130: The prosecuting attorney may attend sessions only upon the invitation of the grand jury. 540.140: The prosecuting or circuit attorney shall be allowed at all times to appear before the grand jury on his request, for the purpose of giving information relative to any matter cognizable by them, and shall be permitted to interrogate witnesses before them, when they or he shall deem it necessary. The prosector has no authority over the grand jury. If the prosecutor has claimed authority, Missouri is a state where a declaratory judgment action should be filed to end this improper activity.
Montana -- Grand juries have a duty to investigate public corruption. Montana Grand Jury Initiative. MontanaGrandJury.com
Nebraska -- Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.
Nevada --A judge is responsible for the grand jury. The grand jurors select a foreman. Grand juries have a specific obligation to inquire into "The misconduct in office of public officers of every description within the county...." Unfortunately, it appears that the District Attorney has a right to be present during sessions, but the statutes do not give the District Attorney authority over the grand jury. If the District Attorney has claimed authority, Nevada is a state where a declaratory judgment action should be filed to end this improper activity. Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.
New Hampshire --
New Jersey --A judge is responsible for the grand jury, and the judge appoints the foreman. The prosecutor has no authority over the grand juries. If the prosecutor has claimed authority, New Jersey is a state where a declaratory judgment action should be filed to end this improper activity. The New Jersey statutes are sparse compared to most other states. New Jersey Supreme Court rules Citizens may not take Charges Directly to the Grand Jury.
New Mexico -- Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.
New York -- http://law.onecle.com/new-york/criminal-procedure/CPL0190.50_190.50.html The only way a citizen can get to a grand jury without the DA’s help, is if the Grand Jury invites the citizen to appear, by having the DA subpoena the citizen. The DA is required to issue the subpoena if the Grand Jury asks for it. But the DA can also move to have a judge vacate or modify the subpoena on the grounds that doing so is in the best interest of the public. Grand juries have a duty to investigate government corruption. New York Grand Juror Handbook.
North Carolina --
North Dakota -- Grand juries have a duty to investigate government corruption. Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.
Ohio -- A judge is responsible for the grand jury, and the judge appoints the foreman. The prosecutor has no authority over the grand juries. If the prosecutor has claimed authority, Ohio is a state where a declaratory judgment action should be filed to end this improper activity. Ohio's grand jury statute is very sparse compared to most other states. Ohio Grand Jury Guide.
Oklahoma -- A judge is responsible for the grand jury, and the judge appoints the foreman. 22-4-324: Grand jurors "shall diligently inquire into, and true presentment make, of all public offenses against this state, committed or triable within this county (or subdivisions), of which you shall have or can obtain legal evidence." 22-4-331: "The grand jury has power to inquire into all public offenses committed or triable in the county or subdivision, and to present them to the court, by indictment or accusation in writing." So, a citizen should be able to present charges and evidence to the grand jury. Grand juries have a duty to investigate government corruption. There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else. If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority. Oklahoma is a state where we definitely need a declaratory judgment action. Six states have laws allowing citizens to impanel grand juries through the process of collecting signatures on petitions: Kansas, New Mexico, North Dakota, Nebraska, Nevada, and Oklahoma.
Oregon -- A judge is responsible for the grand jury, and the judge appoints the foreman. 132.060: "...you will diligently inquire into, and true presentment or indictment make of, all crimes against this state committed or triable within this county that shall come to your knowledge...." There is nothing in the Tennessee statutes to give a district attorney authority over the grand juries. If the district attorney has claimed authority, the DA is violating the statutes as the DA has no authority. If that's the case, Oregon is a state where we should have a declaratory judgment action.
Pennsylvania -- A judge is responsible for the grand jury, and the judge appoints the foreman.
Rhode Island --
South Carolina --Grand juries have a duty to investigate government corruption. South Carolina Grand Jury Information.
South Dakota -- A judge is responsible for the grand jury, and the judge appoints the foreman. Grand juries have a duty to investigate government corruption. 23a-5-7: "...you will diligently inquire into and make indictments of all public offenses against the state about which you have or can obtain evidence and which were committed or are triable in this county...." There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else. If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority. Oklahoma is a state where we definitely need a declaratory judgment action.
Tennessee -- A judge is responsible for the grand juries. Tennessee Code of Criminal Procedure 40-12-04 says: "(a) Any person having knowledge or proof of the commission of a public offense triable or indictable in the county may testify before the grand jury." This means any citizen has the right to present charges and evidence to a grand jury. Grand juries have a duty to investigate government corruption. There is nothing in the Tennessee statutes to give a district attorney authority over the grand juries. If the district attorney has claimed authority, the DA is violating the statutes as the DA has no authority. If that's the case, Tennessee is a state where we should have a declaratory judgment action.
Texas -- A judge is responsible for the grand juries. Texas Penal Code Section 20.09 says: "The grand jury shall inquire into all offenses liable to indictment of which any member may have knowledge, or of which they shall be informed by the attorney representing the State, or any other credible person." This means a citizen may present charges and evidence to a grand jury. Texas Grand Jury Handbook.
Utah -- A judge is responsible for the grand jury, and the judge appoints the foreman. 77-10a-3: "Any grand jury summoned under this chapter may inquire into and indict for any criminal activity occurring within the state." 77-10a-9: "you will diligently inquire into and make true presentment or indictment of all matters and things as are given you in charge or otherwise come to your knowledge, touching upon your grand jury service...." The state attorney may be present, but does not have any authority over the grand juries. The are provisions for a statewide grand jury. If the state attorney has claimed authority over the grand jury, Utah is a state where a declaratory judgment action should be filed.
Vermont --
Virginia -- Virginia Grand Jurors Handbook
Washington -- Grand juries have a duty to investigate government corruption.
West Virginia --
Wisconsin --
Wyoming -- A judge is responsible for the grand jury, and the judge appoints the foreman. The grand jury may "iquire into any crimes committed or triable within the county and present them to the court by indictment...." So, this means a citizen may present charges and evidence. There is no authority over the grand juries by a District Attorney, County Attorney, Prosecutor, or anyone else. If the District Attorney has claimed authority, the DA is violating the statutes as the DA has no authority. Wyoming is a state where we definitely need a declaratory judgment action.
MORE to be added as time permits....
Thanks to CindyLoo for some of this information.
Previous Articles
I am not an attorney. I cannot give legal advice. Please make your own determinations or seek legal advice should you know an honest attorney.
Disclaimer
This manual is intended purely as a communication of information in accordance with the right of free speech. It does not constitute either general or specific legal advice. Anyone seeking legal advice should consult a competent professional. Neither the author, editor or publisher guarantee that using this information will result in success or protect the reader from harm. The reader must accept that risk, and thoroughly study the law before using any of this material. Readers must take full responsibility for the consequences of any actions taken based on the contents of this manual.
This manual is intended purely as a communication of information in accordance with the right of free speech. It does not constitute either general or specific legal advice. Anyone seeking legal advice should consult a competent professional. Neither the author, editor or publisher guarantee that using this information will result in success or protect the reader from harm. The reader must accept that risk, and thoroughly study the law before using any of this material. Readers must take full responsibility for the consequences of any actions taken based on the contents of this manual.
Gaining access to the Grand Jury may be a way to apply accountability to violators of the people's Rights, who refuse to Cease and Desist violating said Rights.
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List of PlayList Topics--very EDUCATIONAL
JURY--Real Power of Juries, Fully Informed Juries
GET WISE ABOUT YOUR RIGHTS, EQUITY, AND THE LAW!
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“For if you [the “rulers”] suffer your people to be ill-educated, and their manners to be corrupted from their infancy, and then punish them for those crimes to which their first education disposed them, what else is to be concluded from this, but that you first make thieves [and outlaws] and then punish them [for behaving in the very same manners in which you intentionally caused them, by conditioning, to behave].”
~Sir Thomas More (1478-1535), Utopia, Book 1
