he Santa Clara County civil grand jury has formally accused Sheriff Laurie Smith of willful and corrupt misconduct. (Anda Chu/Bay Space Information Group)
In 2020, one thing uncommon came about earlier than a Santa Clara County felony grand jury wanting into allegations that members of the sheriff’s workplace may need sought bribes in return for hid firearms permits. The weird occasion was that Sheriff Laurie Smith invoked her Fifth Modification proper towards self-incrimination.
So, 16 months later that occasion led to a different uncommon occasion: The Santa Clara County civil grand jury formally accused Smith of willful and corrupt misconduct. The accusations, which lengthen past the gun permits points, are filed as “The Folks of the State of California vs. Laurie Smith.”
The variations between the state’s felony and civil grand juries are many, and most people can be confused. Regardless of its essential work and investigative powers, the civil grand jury (CGJ) stays low-profile.
The CGJ is an arm of the Superior Courtroom, nevertheless it seldom offers with courtrooms and authorized proceedings. Residents volunteer and are chosen to serve one-year phrases.
A watchdog company, the CGJ can examine any native (not state or fed) governmental entity and craft stories highlighted by findings and suggestions. Businesses focused by a suggestion should reply in writing. But, even the place an company agrees with the findings and suggestions, implementation of these suggestions is spotty and never required.
The Smith accusations, nevertheless, stem from one other distinctive energy of the CGJ, and one with many extra tooth. CGJs can examine elected or appointed officers – compelling testimony utilizing subpoena powers – and determine in the event that they’ve uncovered sufficient proof to make an accusation of “willful or corrupt misconduct.” This will result in a trial that in flip might end in forcing the official from workplace.
Fairly an influence, nevertheless it’s largely hidden.
How uncommon are such accusations? The Mercury Information cites retired county prosecutor William Larsen in saying that solely about 100 native officers in California have been eliminated below this course of prior to now 150 years.
A report by the 2001-02 CGJ discovered solely 37 appellate court docket choices in California involving accusations between 1885 and 1999. That report was an adjunct to an accusation that panel leveled towards Mountain View Mayor Mario Ambra for violating town constitution by repeatedly going to metropolis workers along with his opinions and urging actions as an alternative of going by way of town supervisor. He ended up resigning. The Ambra case is our county’s solely CGJ accusation within the final 40 years, in line with The Mercury Information.
There's a current Bay Space CGJ case, the 2019 accusation towards Contra Costa County Assessor Gus Kramer in 2019. It resulted in a trial, a hung jury and eventual dismissal.
A CGJ standard report in 2005 focusing on former San Jose Mayor Ron Gonzales, involving a metropolis rubbish contract, led to felony prices later dismissed by a decide.
The CGJ energy to wage such accusations is the regulation and is distinguished in descriptions of CGJ duties. The 2021 CGJ, by any measure, carried out yeoman’s work. The CGJ lists 65 witnesses interviewed throughout its investigation.
Santa Clara County District Legal professional Jeff Rosen referred to as the CGJ’s motion “unprecedented,” in an interview with NBC Bay Space.
What sparks such an investigation? The Santa Clara County Board of Supervisors, led by Supervisors Joe Simitian and Otto Lee, requested the CGJ to research Smith. Supervisors already had plenty of beefs with the sheriff.
Equally, Contra Costa County supervisors had plenty of beefs with their assessor, they usually requested their CGJ to research.
The Mayor Gonzales report stemmed from a standard criticism filed with the CGJ. (All complaints are confidential.)
The Ambra case adopted a special route. The Mountain View metropolis supervisor went to the county DA, who empaneled the civil grand jury.
Bravo to the county supervisors for realizing the chances of the civil grand jury. Bravo to the 2021 CGJ for having the arrogance and drive to sort out the job.
This case hopefully will encourage officers and whistleblowers to contemplate enlisting the CGJ, and encourage future CGJs to contemplate accusation investigations once they really feel it's warranted. Our county wants watchdogs.
Michael Krey is co-president of the Santa Clara County chapter of the California Grand Jurors’ Affiliation.