19D - RESPONSE TO ORANGE COUNTY GRAND JURY

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The Honorable Judge Kim Dunning August 16, 2010 Page 2 was informed by the Orange County Counsel that the Orange County Grand Jury does not have any such formal or published rules or standards. The standard for abstention is best articulated in the Model Guide. In reference to abstention by grand jury members for conflict of interest, it states on page 8: "Because of the grand jury's extraordinary fact-finding powers and the sensitivity of many of its activities, grand jurors must be careful to avoid involvement in areas where an actual or perceived conflict of interest might exist. Avoiding conflicts and the appearance of conflicts is important for several reasons. It protects the integrity of the investigation; it protects the investigation of the grand jury as an institution; and it protects individual grand jurors from civil or criminal penalties." Additionally, the County of Mendocino 2009 Grand Jury Procedures Manual requires all grand jurors to sign a Code of Ethical Conduct. Among the obligations assumed thereunder, each grand juror agrees: "I will disclose to the Foreperson and/or the entire Grand Jury, any potential conflicts of interest I may have or that may exist, either at the beginning of the term, or that may develop during the term of my service on the Grand Jury. When I have a conflict of interest, either real or perceived, I will abstain from investigations, discussions, voting and report writing on such matters. I will abide by any decision of the executive committee in matters concerning whether or not a conflict of interest exists." One of common grounds for abstention by grand jurors is bias. The Model Guide refers to conflict of interest for bias at pages 8 & 9: "In addition to avoiding conflicts of interest, a grand juror must not have an identifiable bias regarding any actions that the grand jury may take. Bias is the prejudgment of essential facts that prevents a member of the grand jury from considering an issue objectively, including publicly expressing support or opposition on a specific matter. Having an educated opinion on an issue should not be considered as having a bias. The same disclosure and recusal that applies to a potential conflict of interest should apply to preexisting bias." The Humboldt County guide also clearly sets standards for abstention and the nexus between bias and abstention on Page 44 as follows: "Members of the grand jury must avoid any appearance of personal bias or possible conflict of interest. Impartiality is an essential part of constructive investigation. Each grand juror should advise the foreperson of any potential conflict of interest or bias. When a grand juror has cause to believe that a matter 19D-2