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March/April 2009

FROM THE EDITOR


By Fred A. Simpson
Jackson Walker L.L.P.

Notes from a Grand Juror

Iwrite this while serving – for the 5th time – on a Harris County grand jury. Service is as personally rewarding as on previous occasions, but this time I see some welcome changes for the better in grand jury proceedings. Presentations are smoother, and jurors have less “downtime” waiting for the next case or series of cases to be presented. These improvements are consistent with recent press coverage of how the District Attorney’s Office is operated.

I interviewed Grand Jury Division Chief Dan Rizzo to learn more. Mr. Rizzo heads a program to increase the speed, efficiency, and accuracy of records on cases going before the grand jury. “I couldn’t report the success we have without the contribution of all those I work with. Their dedication makes all this happen,” said Mr. Rizzo. Those with whom he works - and from whom he actively solicits suggestions - include the grand jury bailiffs, grand jury members, assistant district attorneys, judges, secretaries, defense lawyers, law enforcement officers, and crime lab personnel.

The number of felony cases filed in Harris County jumped in the past 10 years from about 27,000 cases each year to over 46,000, causing the average time to get a case before a grand jury to grow to an unacceptable level. Early in 2008 it took close to 90 days to get a case to the grand jury. Today the average time is about 45 days, but Rizzo’s target is to get closer to 30 days by mid-2009. The resulting “catch-up” project brings twice as many cases before contemporary grand juries – with no increase in the number of juries.

Rizzo notes, “Justice requires that cases not languish.” Generally, the State cannot proceed against a felony defendant without a grand jury finding. If the grand jury does not act within 90 days, a defendant is entitled to release on a bond he/she can afford. Some violent defendants, however, should not be out on the streets. Expenses and inefficiencies also rise when: (a) jails are full, (b) court dockets bulge, and (c) the District Attorney’s open case files mushroom.

One way to accelerate and conclude case files is through computer technology rather than the former 3x5 cardex system. Computer case file control is now a high priority item. Another key item is faster reporting from crime labs to provide information that is essential in most grand jury cases – cases involving drugs. Computer technology is also attacking this problem.

The new District Attorney plans to make greater use of grand juries, both in their traditional role as investigatory bodies and as a natural forum for new assistant district attorneys to learn criminal procedure and how to present witnesses. Dan Rizzo believes this can be facilitated now that the Grand Jury Division is aligned with the DA’s Police Integrity and Public Integrity divisions.

Hats off to all those in the District Attorney’s Office who work so hard to find cost-efficient, innovative ways to protect us citizen-taxpayers and defend our rights!

Hats off also to editorial board member Catherine Le for her fine work in putting together this special issue of The Houston Lawyer on immigration.

Editor’s Note:

The author of the media review, Law Firm Fees & Compensation: Value & Growth Dynamics, was incorrect in the last issue. The author of that review was Don D. Ford III.


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