Reforming the Texas Grand Jury

Introduction to the Texas Grand Jury

        Texas state law, found at Tex. Const. art. I, § 10, provides for the creation of a grand jury. A grand jury, unlike a petit jury, determines whether enough evidence exists for a criminal indictment to be issued. This means they examine presented evidence to determine whether or not there is probable cause that (1) a crime has been committed (2) by one or more individuals.The grand jury proceeding culminates in a “true bill.” After that, the prosecutor issues an indictment, which details the criminal charges against the accused which permits for their arrest. This gives the trial court jurisdiction over the criminal case. Notably, the only way to obtain a federal criminal indictment is through the grand jury process.

Differences from Civil Jury Proceedings

        Unlike civil jury proceedings, which take place in open court during trial, grand juries are conducted in secret. Additionally, it is not an “adversarial” proceeding— this means the prosecutor is the only person who presents evidence. The defense, on the other hand, calls no witnesses and introduces no evidence. In fact, the defense attorney is not even allowed to be in the room with the grand jury. Interestingly, the accused also does not have the right to involved in the grand jury proceedings, nor the right to know that the prosecutor is presenting evidence against them.

        Additionally, Texas grand juries do not need to be unanimous in their verdict. Only nine of the jurors need to agree that there is probable cause to bring an indictment, according to 

Texas Code of Civil Procedure Article 20.19.This is a stark contrast to cril jury proceedings in Texas, which usually require a unanimous verdict. 

Successful Reform in Texas

        The proposition of grand jury reform, while daunting, is not impossible. For example, 

Until recently, the “pick-a-pal” system allowed the placing of friends, neighbors, and colleagues onto state grand juries. However, in 2015, this practice was stopped thanks to new laws. This demonstrates that while grand jury proceedings are rarely reformed due to their secrecy, such reforms can still be successful.

Proposed Reforms

        In 2019, SB 1492 was introduced to the Texas Legislature. The bill would have required prosecutors to bring any exculpatory evidence regarding the defendant before the Texas grand jury. However, this bill did not make it out of committee. These reforms have passed in 

New Mexico and have been implemented successfully. Kansas also stands apart as another state in which these practices have been successful. Most likely, the best chance for this bill’s success is the passage of similar legislation in a majority of states, or a requirement imposed by the Texas Supreme Court.