Anything out there that says a new grand jury cannot be impaneled on the 1st Monday of the new term of the court.

Our tradition has always been the 1st Tuesday after the 1st Monday, but I have not found a case or statute that says it cannot be on the 1st Monday.

Any help would be appreciated.

My thanks in advance.

As I understand it, Section 3.03 of HB 79, amending the Government Code,establishes new grand jury terms that begin on the first Monday in January and the first Monday of July for every court in the state.

First, I think you are OK to impanel on the first day of the term and not wait until the following day. Now another (related) question: If the current grand jury was impaneled in November (beginning of the current term of court), can that same grand jury continue into the "new" term of court that begins in January? Or, do we need to impanel a new grand jury when the new term of court begins on the first Monday in January, even thought the current grand jury has only been impaneled for a short period?

In my opinion, the plain reading of the new law (which becomes effective on 1/1/12) is that any existing grand juries end on 12/31/11 and a new grand jury must be impaneled on 1/1/12 (or 1/2/12, since New Year's Day is a holiday). I've reached that conclusion based on the absence of any exception to the new rule.

But look on the bright side: technically, it's your JUDGE's problem, not yours!

Thanks Shannon - that is the way I read it also. And I am glad it is the Judge's problem!

Our October term grand jury was just empaneled last week. They have met once so far. Under the existing law, their term ends the first Monday in March. When the new term law takes effect January 1st, reckon we'll have to empanel a new grand jury? There's some talk about empaneling this group again in January because their service will have been so short. Anybody have any thoughts? I'm not sure what to recommend to my judge.

Never mind. Just found my own answer in art. 19.08. We'll be impaneling a new group. Amazing what actually reading the law can accomplish . . .

The statute below actually speaks to terms of court and not grand jury terms. Obviously, the grand jury could only be installed and act within the term of court, but why does it have to begin on Jan 1 or 2? Why not days later as long as it is within the term of court?

24.012. Terms and Sessions of Court
(a) Notwithstanding any other law, each district court holds in each county in the judicial district terms that commence on the first Mondays in January and July of each year. To the extent of a conflict between this subsection and a specific provision relating to a particular judicial district, this section controls.

quote:

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Originally posted by Shannon Edmonds:
In my opinion, the plain reading of the new law (which becomes effective on 1/1/12) is that any existing grand juries end on 12/31/11 and a new grand jury must be impaneled on 1/1/12 (or 1/2/12, since New Year's Day is a holiday). I've reached that conclusion based on the absence of any exception to the new rule.

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Please note that we have reversed course on this opinion (as has OCA); see the legislative page for all the details.

And for the record, in response to the original question, I agree with Ken that the grand jury can be impaneled at any point after the term begins.

Now available at http://www.tdcaa.com/legislative/index.asp. Let me know if anything is incorrect.