Public
integrity reform Texas 2015
An innovative approach
It is proposed to set up a system with statewide jurisdiction,
consisting of state grand juries, not under the control of any
court, but able to command the resources of any agency in the state.
The key elements of this proposal are as follows:
- At least one, and as many as 150, state grand juries
consisting of 23 randomly selected state citizens plus spares,
shall be convened, depending on caseload, to serve terms of at
least 180 days, according to the standards set forth at http://www.constitution.org/jury/gj/gj-standards.htm
- If only one state grand jury is convened, it is located
either at random or in rotation among the 150 state
representative districts, so that members could be randomly
selected from a local area that would reduce the burden on
them attending.
- If there is enough caseload to need at least 15 concurrent
state grand juries, the number shall be 31, one for each state
senatorial district.
- If there is enough caseload to need at least 75 concurrent
state grand juries, the number shall be 150, one for each
state representative district.
- If there is enough caseload to need more than 150 concurrent
state grand juries, then more than one will be convened for
each state representative district, as required.
- State grand juries are not appointed under the supervision
of a court, except initially under the State Supreme Court,
but by preceding state grand juries, and when located in
districts, by the preceding state grand jury in the preceding
district number by numeric order, with the last selecting the
first.
- Each state grand jury shall be responsible for training
members of its successor.
- If any state grand jury should fail to appoint its
successor, the State Supreme Court shall step in to restart
the process.
- Any person with evidence or a complaint of official misconduct
or maladministration, fraud, waste, crime, or of a neglected
public need, or of violation of a right, involving any state,
local, corporate, or even federal official, or private
individual or organization, may present it to any of the state
grand juries, subject only to orderly scheduling.
- A grand jury may remain in session beyond 180 days, as long as
necessary to complete any cases before it, but shall not be paid
beyond 365 days without a legislative appropriation for doing
so, and its successor shall go into session concurrently.
- A state grand jury may, on its own authority, issue subpoenas
for witnesses, writs of quo warranto or habeas
corpus, appoint or hire investigators, if funding permits,
and assign to any court the enforcement of them.
- A state grand jury may decide court jurisdiction and submit
indictments or presentments for any case it takes to any court
it deems appropriate for prosecution, and appoint the prosecutor
by delivering the indictment to anyone, not necessarily a
regular county or district attorney, but who could be a
prosecutor pro tempore, who would assume the role of the
county or district attorney for the case.
- Indictment of a public official by a state grand jury removes
official immunity from that official, and it may, by
presentment, remove sovereign immunity from a state agency for
civil claims.
- If no court is found to have jurisdiction, a state grand jury
may direct other actions by state actors, such as to refuse
cooperation or impede the offending behavior, and may recommend
legislation, or recommend other relief.
Advantages:
- Would open the process to complaints by any citizen with
evidence.
- Would take investigation supervision duties out of the hands
of officials who might be biased or compromised.
- Could take prosecution duties out of the hands of local
officials who might be biased or compromised, while maintaining
compliance with Texas Constitution.
- Would enable trial in jurisdictions where it would be easier
to find a jury of unbiased citizens.
More here.
-- Jon Roland
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Constitution Society http://constitution.org
13359 N Hwy 183 #406-144 twitter.com/lex_rex
Austin, TX 78750 512/299-5001 jon.r...@constitution.org
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