Grand Juries in Texas

A look at the grand jury system in Texas and upcoming reforms to the Grand Jury process

Benson VargheseVarghese Summersett PLLC

https://versustexas.com(817) 203-2220

Presentation to Fort Worth Paralegal Association

What is a Grand Jury?

What is a Grand Jury?• In 2014, 80-90% of all cases in major

metropolitan areas in Texas presented to grand juries were indicted.

Why have Grand Juries?• The Fifth Amendment to the Constitution of the

United States reads, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…"

• Texas Constitution Article 1, Section 10 provides …no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury…

• Code of Criminal Procedure Article 1.05 provides No person shall be held to answer for a felony unless on indictment of a grand jury.

Role of a Grand Jury

• To determine is probable cause exists that an offense has occurred.

• To act as a filter between allegations and a person facing felony charges.

Probable Cause

How Grand Juries are Formed

• Pre-Sept 1, 2015• District Court judge-appointed 3-5

commissioners • Commissioners chose grand jurors• Pursuant to Article 19.06, they selected 15-

40 to be grand jurors

How Grand Juries are Formed

• Post-Sept 1, 2015• 20 – 125 prospective grand jurors

• Summoned in the same manner as panels for civil cases in district courts are summoned

• The grand jury commissioner system is abolished.

Powers of the Grand Jury

• True Bill / No Bill Case• Investigative Power

• Summons in-county • Subpoena out-of-county

What happens inside the Grand Jury room?

• Presentation of Evidence by the State • Witnesses • Questions • Can be informed by “any other credible

person.” Defense presentations.

The voting process

• Quorum: 9 • 9 vvotes required for a true bill

Benson Varghese

Varghese Summersett PLLC

817-203-2220

https://versustexas.com