Our Judge's request to empanel a new GJ has been denied by the Regional Administrative District Judge...and so the apparent resolution to that issue is that he is to extend the term of the January 2020 GJ (who served all of 2020) for another year. Are any of you handling this differently, or does anyone foresee any issues doing it this way?
One concern we have is that during the 2020 Term, 4 jurors were excused, so now we're down to 10. BUT our Judge is now saying that because he didn't sign official orders under CCP 19.26 (now 19A.252) excusing and replacing jurors, they haven't technically actually been "excused" by law, so he thinks we can keep all 14 of the ones he originally seated on for this newly extended term...HELP!
Not sure what others are doing, but if the judge wants to go this route, make sure he understands he is extending HIS term of court for a year under Govt Code Sec. 24.0125, which the grand jury follows. Do *not* "extend" the GJ per CCP Art. 19A.255, that probably only allows the GJ to work on issues already presented to them during their original term.
A sample order for term extension can be found at https://www.tdcaa.com/order-extending-term-of-court/.
As for the "excused" jurors, you may have a practical problem more than a legal one; as in, who's going to make them come back? ;-)
Thank you, Shannon!!
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