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11 Panel 1 (1933)

handle is hein.journals/panelmbu11 and id is 1 raw text is: To increase the efficiency of the Grand Jury System hI PANEL A Publication Devoted to the Exchange of Views of Public Oficials and Citizens in the Effort to Prevent Crime and Secure the True Administration of Justice PUBLISHED BY THE ASSOCIATION OF GRAND JURORS OF NEW YORK COUNTY The contributions and letters in The Panel are either credited to their authors or signed with the names or initials of their writers and the Editor assumes no responsibility for the opinions contained therein beyond expressing the views that the subjects they treat of are worthy of the attention of Grand Jurors. VOL. 11 JANUARY-FEBRUARY, 1933 NO. 1 GEORGIA GRAND JURIES CHECK ON PUBLIC OFFICIALS AND FUNDS By BRYAN CUMMING Augusta, Ga., Bar; Georgia State Bar; American Bar Association Those who have been led to believe by Prof. Raymond Moley and others that the Grand Jury system is an outworn, out- moded, expensive and useless survival in criminal procedure in the United States will be astonished to learn from the fol- lowing article what a vital force the Grand Jury has been made in Georgia and could be made in every State of the Union. This surprising article reveals that Georgia already has as a regular and ac- tively functioning institution the Audit- ing Grand Jury suggested for Greater New York City and other New York State units by Lloyd N. Scott, of the Association of the Bar of the City of New York, in the May-June, 1931, issue of THE PANEL which attracted wide attention. As Mr. Bryan Cumming, a graduate of Yale University and a leading lawyer of Georgia, residing in Augusta, describes the system, the Grand Jury in a Georgia county today is the Grand Inquisition it was in the early days of English law, and more. It not only returns indictments and hands up presentments, but by law it has the duty of checking on public officials and funds, on voting lists, on tax assess- nents, on money borrowed for schools, and on private as well as public places for the confinement of offenders, of the ill or the insane, but it issues lists for the selec- tion of notaries and, in some cases, it may decide when local or general legisla- tion shall go into effect in the county. Where the Georgia Grand Jury can not punish wrongdoers by criminal processes it can often crush them by the pitiless publicity it is able to provide by its reports. This article is one of the most informa- tive and constructive ever published in THE PANEL. Those who advocate the exercise by Grand Juries of more extensive functions than the mere finding of indictments, or special pre- sentments in criminal matters, will find it interesting to consider the powers, duties, and obligations exercised and imposed by and upon Grand Juries in the State of Georgia. Some question the usefulness of the Grand Jury and even urge that this ancient arm of the law be abolished. They think that money and time would be saved by adopting other methods. The Grand Jury, however, serves a useful purpose for which it would be difficult to find an adequate substitute. It is the official inquisitorial body of the com- munity. It can be and is, in Georgia, effective in inspiring a high standard of action, and is a constant deterrent to negligent, even if not criminal, official conduct. While its in- vestigations may not be as thorough and complete as an investigation made by ex- perts, the findings and recommendations of THANKS FOR CONTRI- BUTIONS The Association of Grand Jurors of New York County is keenly appre- ciative of the contributions for the support of THE PANEL resulting from the appeal mailed with November- December, 1932, issue. Another appeal is hereby made to those who forgot. THE PANEL is the only magazine in the United States devoted to improve- ment of the criminal law. It is volun- tarily supported and must have further contributions if its useful and nation- wide work is to continue. this body of experienced, intelligent and up- right persons serve as a foundation for other and more searching investigations, if the conditions reported upon in the first instance by the Grand Jury would seem to so require. In the State of Georgia the County Grand Jurors, who are selected from male citizens most experienced, intelligent and upright, are sworn to diligently inquire and true pre- sentments make of all matters that shall be given to them or come to their knowledge. These shall include any violations of law 1 which they may know to have been com- mitted at any time. Inspects County Accounts The Grand Jury thus selected and sworn exercises the familiar and ancient power and duty to indict, or to specially present, persons accused of crime. This duty, how- ever, occupies only a part of the Grand Jury's time, and covers only one of its many divers duties under the system in Georgia. It is the special duty of the Grand Jury to inspect and examine offices, papers, books and records of the Clerks of the Superior Court and of the Ordinary, (The Ordinary is the judicial officer in Georgia having juris- diction over matters of probate and county matters, except where superseded in the latter instance by County Commissioners); also the books, papers, records, documents and vouchers of the County Treasurer. The Grand Jurors shall carefully inspect the sanitary condition of jails and make presentment thereof, and also the treatment of the inmates, and make recommendations which the proper county authorities must carry into effect and strictly enforce. They are required to inspect all the pub- lic buildings and other property of the County, and the County records. If the re- port shows that the County officials have failed to comply with the law in reference to such property it shall be the duty of the Solicitor General (corresponding to the Dis- trict Attorney in New York State) to com- mence proceedings against the delinquent in order to compel that officer to comply with the law. May Appoint Outside Examiners The Grand Jury may, if it deem neces- sary, appoint one or more citizens to inspect and examine during vacation the office, papers, books, accounts and vouchers of the Ordinary, Clerk of the Superior Court, County Treasurer, Tax Collector, Receiver (Continued on page 4)

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