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Don't misjudge grand juries

September 18, 2005|By: ROBERT GARDNER

Throughout the years, grand juries have played a vital part in the

lives of every one of us who live in Orange County. Aside from their

little-used power to investigate crime and bring indictments, grand

juries render invaluable service in carrying out their basic

responsibility of investigating and recommending improvements in

county government.

Unless there is a criminal charge, grand juries do not investigate

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city governments. Those who called for a grand jury investigation

into recent charges of sexual harassment in the local police

department simply didn't understand a grand jury's function and its

limitations.

It takes a grand jury a full year to investigate county

government. With more than 20 cities, it would be a physical

impossibility to go into their various problems.

I qualify as an expert in grand juries. During my 23 years on the

Superior Court, I selected, impaneled, advised, instructed and lived

with 13 grand juries. While each left office with a feeling of

frustration that its recommendations were not being followed,

nevertheless from where I was sitting I could see a pattern of

improvement in county government directly traceable to various grand

juries. Government moves and changes with glacial speed but, when

nudged, it does move. And various grand juries nudged Orange County

into some remarkable changes. I could write a master's thesis or a

doctorate on the subject but will refrain -- a decision that will

come as a considerable relief to the reader.

The most important person on a grand jury is its foreperson. He or

she sets the tone and leads the grand jury into either success or

failure. All the instructions from the judge are meaningless unless

there is a strong foreperson to lead his or her 18 other grand jurors

in a pursuit of better government. Since I came from Newport Beach,

it is not surprising that several of my grand jury forepersons came

from this town.

My first Orange County grand jury foreperson was Braden Finch.

Braden was an outstanding local citizen, a former city councilman and

owner, with his wife, of Kay Finch Ceramics. Orange County government

was right out of the Chicago or New York ward heeler type of

government. Each of the five supervisors ran his little fiefdom.

There was no central authority. Braden Finch's grand jury completed

its year of investigation into county government with a scathing

report charging the county with "horse and buggy" practices. From

that first report, followed by others, the county finally hired a

county manager.

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