If juries have not been chosen for any regular term of the superior court and there is not sufficient time for choosing and summoning prospective trial and grand jurors to serve at the regular term, the judge of the superior court for the county in which the failure has occurred, by order passed at chambers, may adjourn the court to another day, may require the requisite number of prospective trial and grand jurors to be summoned, and may enforce their attendance at the term so called.
(Ga. L. 1880-81, p. 116, § 4; Code 1882, § 3941b; Penal Code 1895, § 870; Penal Code 1910, § 874; Code 1933, § 59-116; Ga. L. 2011, p. 59, § 1-25/HB 415; Ga. L. 2014, p. 862, § 9/HB 1078.)
The 2014 amendment, effective April 29, 2014, inserted "trial and grand" near the beginning and substituted "trial and grand jurors" for "grand and trial jurors" near the end of this Code section.
Editor's notes.- Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Jury Composition Reform Act of 2011.'"
ARTICLE 4 GRAND JURIES
RESEARCH REFERENCES
ALR.- Duty of prosecutor to present exculpatory evidence to state grand jury, 49 A.L.R.5th 639.
PART 1 GENERAL PROVISIONS
Cross references.
- Grand jury investigations, § 16-11-10.
Indictments generally, § 17-7-50 et seq.
Selection of members of county boards of education by grand juries, § 20-2-51.
Supervision by grand jury of preparation of voting machines, § 21-2-327.
Proceedings before grand juries regarding boundary line changes, § 36-3-1 et seq.
Law reviews.- For article, "Symposium Protect and Serve: Perspectives on 21st Century Policing January 20, 2017: The Grand Jury: A Shield of a Different Sort," see 51 Ga. L. Rev. 1001 (2017).
JUDICIAL DECISIONS
Powers and duties not alterable by special laws.
- Powers and duties of grand jury as stated in these statutes cannot be altered to enlarge, diminish, modify, or change them by any special laws. Bussell v. Youngblood, 239 Ga. 553, 238 S.E.2d 89 (1977).
Cited in Sweeney v. Balkcom, 358 F.2d 415 (5th Cir. 1966).
OPINIONS OF THE ATTORNEY GENERALNeither a district attorney nor members of the district attorney's staff should be present for deliberations of the grand jury. 1997 Op. Att'y Gen. No. U97-3.
RESEARCH REFERENCES
ALR.
- Matters within investigating powers of grand jury, 22 A.L.R. 1356; 106 A.L.R. 1383; 120 A.L.R. 437.
Power of grand jury to contract, 26 A.L.R. 605.
Duration of imprisonment for refusal to answer question as a witness before the grand jury, 28 A.L.R. 1364.
Communicating with grand jury as contempt, 29 A.L.R. 489.
Prejudice of member of grand jury against defendant as ground of attack on indictment, 88 A.L.R. 899.
Communicating with grand jury or member thereof as a criminal offense, 112 A.L.R. 319.
Member of grand or petit jury as officer within constitutional or statutory provisions in relation to oath or affirmation, 118 A.L.R. 1098.
Contemporaneous existence or functioning of two or more grand juries, 121 A.L.R. 814.
Absence of grand jurors during hearing as affecting indictment, 156 A.L.R. 248.
Right to challenge personnel of grand jury, 169 A.L.R. 1169.
Libel and slander: proceedings, presentments, investigations, and reports of grand jury as privileged, 48 A.L.R.2d 716.
Power of court to control evidence or witnesses going before grand jury, 52 A.L.R.3d 1316.
Presence of unauthorized persons during state grand jury proceedings as affecting indictment, 23 A.L.R.4th 397.
Individual's right to present complaint or evidence of criminal offense to grand jury, 24 A.L.R.4th 316.
Age group underrepresentation in grand jury or petit jury venire, 62 A.L.R.4th 859.
Presence of persons not authorized by Rule 6(d) of Federal Rules of Criminal Procedure during session of grand jury as warranting dismissal of indictment, 68 A.L.R. Fed. 798.
Civil liability of witness in action under 42 USCS § 1983 for deprivation of civil rights, based on testimony given at pretrial criminal proceeding, 94 A.L.R. Fed. 892.