The Ohio Supreme Court’s Task Force to Examine Improvements to the Grand Jury System recently released its final report and recommendations. The task force was formed to improve how grand juries in Ohio function and heighten the public’s confidence in Ohio’s justice system.
The report made 10 recommendations in all, but two are of special interest to our clients. First, the task force recommended that the Ohio Attorney General’s Office be granted exclusive authority to investigate and prosecute police lethal use-of-force cases through its Special Prosecutions Section and the Bureau of Criminal Investigation. Currently, such cases are handled by local prosecutors, and are only taken by the Attorney General’s Office in certain situations.
Second, the task force recommended amending the rules of criminal procedure to establish a standard process that would allow for the limited release of records from grand jury proceedings. Records from grand jury proceedings would be presumed exempt from public access, but the records could be made available to the public in certain situations:
1. Records could be released to the prosecuting attorney for use in the performance of his/her duties, but the prosecuting attorney could not release the records unless otherwise directed by a court.
2. In cases where there is no indictment, anyone could file a written petition seeking the release of records from the grand jury proceeding, or portions of it. But, the petition would have to state with particularity the reason the request was made and how the presumption of secrecy is outweighed by the public interest in disclosure and transparency. If the court found merit in the petitioner’s argument, it would hold a hearing on whether or not to release the records. The court could then order the release if it found by clear and convincing evidence that:
a. The presumption of secrecy is outweighed by the public interest in disclosure and transparency;
b. A significant portion of the general public in the county where the grand jury was drawn and impaneled are currently aware that a criminal investigation has been conducted in connection with the subject matter of the grand jury proceeding; and
c. A significant portion of the general public in the county in which the grand jury was drawn and impaneled are currently aware of the identity of the subject against whom the criminal charge was submitted to a grand jury.
If the petition is granted, the prosecuting attorney would be given a reasonable opportunity to request redaction of any information in the release, including, among other things, information that: (1) identifies grand jurors; (2) endangers health, safety, or welfare of persons involved in the proceedings (witnesses, grand jury members, etc.); (3) compromises ongoing criminal proceedings or investigations; or (4) alerts suspects about the investigation or indictment.
The final report and recommendations can be found in its entirety at: https://www.supremecourt.ohio.gov/Publications/grandJuryTF/report.pdf.
The task force is seeking public comment on the proposed recommendations, and can be submitted in writing or email to:
John VanNorman, Policy and Research Counsel
Ohio Supreme Court
65 S. Front St., Seventh Floor
Columbus, OH 43215
legpol@sc.ohio.gov.
For questions regarding how these recommendations could potentially affect your organization, feel free to contact the attorneys at Fishel Hass Kim Albrecht LLP.