![handle is hein.journals/panelmbu26 and id is 1 raw text is: TH ]PANEL
To Increase the effectiveness of the Grand Jury System
PUBLISHED BY
GRAND JURY ASSOCIATION NEW YORK COUNTY FUND CORPORATION
AUGUST, 1957
5 Year Amendment
On Public Officers
Voted in Albany
Grand Jury Association
Backed This Measure
Spurred by the Grand Jury
kssociation of New York County
and other groups, the 1957 Legis-
lature took an important step
toward insuring greater honesty
in public life.
It passed a proposed Constitu-
tional amendment, sponsored by
the Attorney General's office, that
vould oust any public official who
balks at testifying before a grand
jury about his activities, not only
in his -present office, but also
about any public office held by
him in the five years prior to his
appearance.
This amendment is now one-
third of the way home. It must
pass another session of the Legis-
lature and receive approval by
the voters. Then it will be welded
into Article I, Section 6, of the
State Constitution.
Why is this amendment impor-
tant since the Constitution already
provides that a public official can-
lot retain his job when he de-
clines to testify before a grand
jury? The best answer comes
trom a review of the history of
this section of the Constitution.
I As adopted in 1938, this pro-
vision simply provided for the
ouster of public officials who re-
fused to give grand jury testi-
nony. It soon was realized that
this did not prevent the political
'powers behind the throne from
immediately reappointing to an-
dther public job the very person
who had forfeited his office for
refusing to talk.
Accordingly, the Grand Jury
Association successfully fought
for an amendment to provide that
any official removed for failure to
(Continued on page 2)
APPRECIATION FROM
HON. DAVID W. PECK
Presiding Justice, Appellate Division, First Dept.
Supreme Court, State of New York
(Chairman, N. Y. County Jury Board)
I congratulate the Grand Jury
Association of New York Coun-
ty upon the latest edition of the
Manual, which I have reAd with
Z interest and admiration. It pre-
sents in well arranged and read-
able form essential information
concerning the organization and
functioning of the Grand Jury.
It serves to give any new Grand
Juror a working familiarity with
his assignment and it remains
a ready refresher for the veter-
an Grand Juror returning to
duty.
The Grand Jury is the bul-
wark of both liberty and law.
HiQW. DAVID- W PECK The higil standantcf Atelligent
and conscientious service which
characterizes the work of New
York County Grand Jurors is a
public benefaction. The Grand Jury Association, for its
continuous contributions to the Grand Jury System, nerits
the full support of all those good citizens called to the high
service of the Grand Jury.
GRAND JURIES ACTIVE IN
PRESENTMENTS TO COURT
The work of New York County grand juries continues to
underscore the importance of their power to issue presentments
and reports.
One outstanding example of how this function works for better
government is found in a review of the almost three years spent
by the Fourth May, 1954, Grand Jury in its inquiry into con-
ditions at City Prison and New York's Department of Correction.
Headed by Joel F. Jacobs, foreman, the jury indicted nine
department officers early in its investigation; eight of these de-
fendants later were convicted of accepting unlawful fees and of
taking contraband into prison.
But, actually, this was not the most important accomplishment
of this jury. The citizens' group made its biggest mark when it
told Mayor Robert F. Wagner about the administrative and other
ills it had found during the long months of exhaustive study of
the problem.
The jurors worked hard. They listened to 42 witnesses, study-
ing their testimony intently. A jury committee made a thorough
inspection of the City Prison.
Then, on May 8, 1956, the jury wrote a letter to Mayor
Wagner-a report in line with the grand jury system's age-old
(Continued on page 4)
Grand Jurors Praise
Award of Association
Service Certificates
Certificates Given for
Ten or More Years' Duty
I was both gratified and deep-
ly touched by the Grand Jury
Association Certificate and your
meaningful letter, began a note
received recently by Association
president Lee Thompson Smith.
It has always been my belief
that if freedom, liberty and justice
are worth having, they are worth
fighting for. Fortunately, I look
upon my meager participation in
-Maintaining and -upholding our
judicial process as more in the
nature of a pleasurable experience
and privilege than a struggle.
This letter was one of many re-
ceived by the Association from
men and women who have been
awarded its Certificate For Meri-
torious Service to the People of
the City of New York in recog-
nition of their service on grand
juries in this county.
The Grand Jury Association's
certificate goes to New York
County Grand Jurors who have
had a decade or more of service
but, for statutory reasons, no long-
er are eligible for duty.
The Certificate touches a re-
sponsive chord in the hearts of
grand jurors who willingly have
given much of their time, often at
great personal and financial sacri-
fice, to their important roles in the
administration of justice.
Each Certificate is signed by
Presiding Justice David W. Peck
of the Supreme Court, Appellate
Division; James McGurrin, Dep-
uty County Clerk in Charge of
the Division of Jurors, and Asso-
ciation president Smith.
The idea of sending out this
Certificate, wrote one recipient,
(Continued on Page 9)
VO(L. 26
NO. I
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