The Role of a Civil Grand Jury

Established by the U.S. Constitution, the American grand jury system was conceived as a way to protect citizens from unfettered prosecution and the power of the government (1). Counties throughout most states convene grand juries to ascertain whether a prosecutor’s evidence presents probable cause to formally charge an individual with a crime prior to indictment. Grand juries typically are composed of 16-23 citizens who serve for a fixed period of time, usually 12-24 months.

 California is Different
 In California, felony charges most often are brought by means of a preliminary hearing/information process, not through grand juries. However, our state constitution mandates each county annually to impanel a civil grand jury in a “watchdog” capacity to examine local government operations and ensure the county is legally, effectively, and efficiently administered (2). So, in California, we are protected both from overzealous prosecution by the government and from any nefarious government misdeeds.

Tuolumne County

 The Tuolumne County Civil Grand Jury is an independent group of 19 citizens, appointed by the superior court for one year beginning every July 1. The court chooses a foreperson from the group who serves as the spokesperson.

Each grand jury chooses a focus for its inquiries and may consider suggestions and complaints from citizens. Suggestions are treated confidentially and considered carefully. The grand jury’s records may not be subpoenaed or inspected by outsiders. It is important to note that no individual may be named within a Grand Jury Report.

To file a citizen complaint, go to: https://www.tuolumne.courts.ca.gov/system/files/forms-and-filings/tuolumne-county-grand-jury-complaint-form.pdf.

During an investigation, the grand jury may:

• inspect and audit books, records, and finances of any agency or special district;
• inquire into conditions in local jails, detention centers, and prisons;
• follow up on any charges of willful misconduct in office by public officials or employees; and
• Conduct personal interviews of any official involved.

At the conclusion of the investigation, the grand jury reports on its findings, giving a description of any problems it has found and making recommendations for solutions to those problems. An agency investigated by a grand jury is required to file a publicly available response within 90 days. These reports are publicly available through MyMotherlode and the Tuolumne County government website (3). The Board of Supervisors’ response to the most recent grand jury report is Unfunded Liabilities and Related Financial Challenges, dated May 12, 2025.

Apply to Serve

 Tuolumne County Civil Grand Jury members are ordinary citizens who volunteer to serve for a year. Volunteers should expect to spend up to twenty hours per week on their duties and must meet four basic criteria:

• be a citizen of the United States who is at least 18 years of age;
• have been a resident of Tuolumne County for at least a year before serving;
• possess ordinary intelligence, sound judgment, and be of good character; and
• be able to communicate clearly in English, both orally and in writing.

In addition, a potential grand juror must never have been convicted of any felony or of malfeasance while in elected office, not have been discharged from a previous grand jury within the preceding year, not currently be serving on a trial jury, nor be serving as an elected official.

As a citizen of Tuolumne County, you may apply to serve on the Civil Grand Jury. The court accepts confidential questionnaires from residents who are interested in serving. You can find the application form online. Engage Tuolumne encourages our readers to consider taking on this valuable community service. Citizen involvement is an essential ingredient to a robust democracy. And that is what will ultimately protect us from our own government, as the Framers of the Constitution envisioned.

NOTES

1.  “Grand Jury,” Cornell Law School Legal Information Institute.
2. Frequently Asked Questions, What is a county grand jury? California Courts, Judicial Branch of California, Civil Grand Jury.
3. “Grand Jury Reports,” Tuolumne County, California.

SOURCES

1. “Types of Juries,” United States Courts.
2. “What, Exactly, is a Grand Jury?”   MoloLamken, LLP.