Let's say - hypothetically - that a person made it onto the grand jury who has a prior conviction for misd evading and a pending False Report to PO case. No one was aware of the hypothetical pending case at the time GJ was picked. The statute says that in order to be qualified, the person may not have a prior or pending misdemeanor theft. Has that been interpreted anywhere to actually mean misdemeanor that is a crime of moral turp? Even if she is qualified, does the pending case create a conflict or some other reason she cannot serve?

Also ... hypothetically ... let's say the grand juror's husband has a pending felony DWI that is scheduled to go to GJ this term. Does that conflict mean she can't serve? Obviously, she should be excused for his case ... but - hypothetically - does anyone see a justification for removing her and seating an alternate?

Thanks in advance.

Bump.

Thanks, John.

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I'm just trying to keep it in the cross-hairs. In the past, I have had judges seat a commissioner as a grand juror and discovered after seating that a grand juror had a legal disqualification. In each case, as I recall, the judge replaced the grand juror in question with an alternate. If your court uses commissioners, do you get any time to go over the list before the court qualifies grand jurors?

we aren't on a commissioner system. a panel is called and the judge picks 14 after hearing qualifications and excuses. we generally look over the jury list for the panel and run CCHs. we must have missed one this time. when our officers started testifying this term, several of them mentioned having arrested this one grand juror. when we looked closer, aha! we have pending cases against both her and her husband...

isn't that nice?

We use commissioners and we are present for the empaneling of the Grand Jury. When the Judge asks if there are any challenges to the array, If we are aware of issues with a potential juror, we will approach and let the Judge know. After the Judge qualifies the panel and before he selects the Grand Jury, he will call us up to the bench and ask if we have any other issues, problems or recommendations. this has prevented any real issues with unqualified or objectionable Grand Jurors.