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law,illinois,grandjury

Published by: rose 2010-03-15
  • How can a person seek an inditement directly from a grandjury in Illinois if one is sitting or cause one to be formed for that purpose?


  • Waiting is fine, thanks.


  • pafalafa, you have supplied lots of information however the question has yet to be answerred. I need to go "directly" ( by passing judges, prosecutors, and anyone else that can be manipulated or removed) to the grandjury, can you tell me "how" or not? jack1425


  • Thank you Jack. This was a very challenging question, and I much appreciate your kind words.


  • pafalafa So, how do I get an old murder before the grand jury no one wants investigated?


  • Hello again Jack. I've pulled together some more information for you, which I've posted below. In summary, though: --very few states have an explicit provision to allow for citizens to file to compel formation of a grand jury; Illinois is not one of them. --citizens generally have a right to request that the authorities make an "issuance of a criminal complaint", even if the police do not act. --the legal system -- grand jury formation included -- responds to political pressure. The best option may be to "make some noise" if you feel your case is not being heard. I've posted the new information below, along with some of my own commentary, which is included in brackets. As always, if you feel further explanation is needed, just post a follow-up Request for Clarification, let me know what's needed, and I'll do my best to provide it. ----- http://216.239.39.100/search?q=cache:pr8xvN__OoIC:www.legis.state.il.us/ilcs/ch725/ch725act5articles/ch725act5Sub4.htm+(725+ILCS+5/102-8)&hl=en&ie=UTF-8 [I found this excerpt from Illinois law helpful in distinguishing charges, complaints, etc. Note that a "complaint" does not have to be made by an officer of the court, or be accompanied by any other official documents -- the presumption here is that any citizen can file a "complaint"] 102-12 of the Code of Criminal Procedure of 1963 ARTICLE 102. GENERAL DEFINITIONS (725 ILCS 5/102-8) Sec. 102-8. "Charge". "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment. (Source: Laws 1963, p. 2836.) (725 ILCS 5/102-9) Sec. 102-9. "Complaint". "Complaint" means a verified written statement other than an information or an indictment, presented to a court, which charges the commission of an offense. (Source: Laws 1963, p. 2836.) (725 ILCS 5/102-11) Sec. 102-11. "Indictment". "Indictment" means a written statement, presented by the Grand Jury to a court, which charges the commission of an offense. (Source: Laws 1963, p. 2836.) (725 ILCS 5/102-12) Sec. 102-12. "Information". "Information" means a verified written statement signed by a State's Attorney, and presented to a court, which charges the commission of an offense. (Source: Laws 1963, p. 2836.) ----- http://consumerlawpage.com/article/grand.shtml [This article gives some perspective on why the legal system deliberately makes it difficult for "private persons" to initiate criminal proceedings, because of a history of "false and malicious prosecutions"]: Origin of the System of Prosecution by Information Parallel to the development of the grand jury was the development of the criminal information. The use of the criminal information dates at least from the time of Edward I, 1272-1307. Other evidence tracing the origins of the criminal information makes clear that its history and use in certain times and cases is almost as old as that of the indictment. Like its counterpart, the grand jury, the criminal information was also subject to manipulation and abuse from early ,times. As stated by Dean Morse: The king's council came to initiate criminal prosecutions based on informations not only of the king, but also of private persons, and as a result, there were many false and malicious prosecutions started and then dropped. The procedure . . . came to be abused in that it was used for political Prosecutions . . . . To check private persons from using information to initiate false and malicious prosecutions, a statute was passed in 1692 which required that the informations of private citizens should be approved of by the court. . . . ----- [The most famous recent example of a citizen-inspired grand jury investigation is related to the Oklahoma City bombing, and is described below in several articles that I've excerpted. However, Oklahoma is one of the few states with a legal provision for citizen action to empanel a grand jury -- Illinois has no similar law, and I did not find any examples of grand juries in Illinois that directly responded to citizen requests] http://www.servantsnews.com/sn9706/s706013.htm Oklahoma Representative Launches Separate Grand Jury Investigation of Bombing ...Here in Oklahoma, we are very fortunate to be one of only two states that have a constitutional guarantee that the people of a county can cause a grand jury to be impaneled whenever they feel there is a need simply by circulating a petition. It is and always has been a common occurrence in our state. In fact there are county grand juries meeting as I write this letter. The Presiding State District Judge, Dan Owens, tried to stop us from petitioning to impanel the grand jury and we were forced to appeal his actions to a higher court. That is where the latest and some of the most intense criticism has come from recently. One year after our appeal, we finally got a written opinion from the Court of Appeals in the Tulsa district. On December 24, 1996 the court ruled not only in our favor, but they did so unanimously. But wait—there is more. Not only was it unanimous, but the court issued the decision "For Publication." That means that it was such a clear-cut case in regard to the state constitution, statutes, and previous case law, that it constituted a precedent-setting case to be used in lawbooks, most likely for many years to come. --- http://xld.com/public/jdt/jdt_se.htm McCurtain Daily Gazette, Idabel, Oklahoma Tuesday, July 15, 1997 GLENN WILBURN, CATALYST FOR GRAND JURY PROBING OKC BOMBING, DIES "Oklahoma County District Attorney Bob Macy, for example, asked the Oklahoma Supreme Court to quash a citizen's petition shortly after Wilburn and Key filed a request to empanel a grandjury to investigate the Oklahoma City bombing. Likewise, when Wilburn's step-daughter, Edye Smith, filed a wrongful death suit against Tim McVeigh and others, federal prosecutors quickly filed motions with a court in Denver. They asked the trial judge assigned to the McVeigh-Nichols criminal trials to halt discovery in the civil suit, claiming that it might interfere with the government's own investigation." ----- [This excerpt below does an important job -- recognizing that much information is available on the rights of those charged with crimes, but less so on describing the rights of those victimized by crime. The site tries to rectify that, and describes the victim's rights -- I've excerpted those having to do with the various avenues for filing a complaint]: http://public.findlaw.com/criminal/life_events/le5_7ten.html Ten Rights of Crime Victims Many aspects of criminal law focus on the rights of the criminal. However, recent attention has been focused on the rights of the victims of crimes, who often suffer great emotional, if not physical, injuries at the hands of the criminal. All fifty states and the federal government now have laws that protect victims. In many states, a victim is considered to be the person who directly suffers the effects of the crimes (such as the person who is murdered) and immediate family members who suffer the secondary effects of the crime (such as the loss of a loved one). If you have been a victim of a crime, you should know that there are ten major rights that you may have... You have the right to seek a criminal complaint against the criminal. As soon as you can, you should contact your local law enforcement agency and report the crime to them. After the police investigate the matter, they may chose to arrest the individual. A prosecutor will then determine what crimes should be charged. You have the right to ask for issuance of a criminal complaint if the police decide not to arrest the alleged criminal. You can usually file an application for such a complaint with the court in the place where the crime occurred. If the court, after an investigation, decides not to file the complaint, you can appeal that decision. You have the right to testify in a probable cause hearing to determine if a criminal complaint should be transferred to another court to be heard. In a probable cause hearing, you will be required to answer questions posed by both the prosecutor and the defendant's attorney. ----- http://public.findlaw.com/criminal/nolo/ency/3ABEFF4F-C9DE-4855-9E3F8149076B2624.html [Lastly, is this observation -- important to remember -- that public servants respond to public pressure, and prosecutors are no different from other political figures in this regard] How People Get Charged With Crimes Prosecutors May Also File Charges to Satisfy Important Political Constituencies and Address the Demands of Victims Most prosecutors are elected officials. Many of them view their position as a stepping-stone to higher office. Their charging decisions are often, therefore, affected by public opinion or important support groups. For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups" ----- The take home lesson here seems to be this. There is no spelled out procedure in Illinois for a citizen to ask for the empaneling of a grand jury, nor are there examples (that I could find) of citizens having attempted this. However, every citizen does have certain rights, and these include (1) the right to make a complaint that a crime has occured and (2) the right to make some noise. In the latter category are things like phone calls, petitions, letters to the editor, appearances on local news shows, attendance at public hearings and meetings (especially during audience Q&A), and so on. Public figures will pay attention to public noise. Courts will pay attention to citizen complaints. If you feel the situation warrants it, by all means, make your voice heard. I would also urge you to seek the advice of a legal professional in Illinois in order to plot out the best strategy for doing so. I hope this information meets your needs, but don't hesitate to post a follow-up request for clarification if I can provide any additional perspective here. Good luck.


  • Hello Jack, and thank you for a most fascinating question. First, a little background about the role of the grand jury. I've included below excerpts from various sites that explain the roles and responsibilities of the grand jury in the state of Illinois. Text immediately below a link is taken directly from the site itself, except anything in brackets, which is text I wrote myself: ----- http://www.co.mchenry.il.us/CountyDpt/jury/GrandJuryInfo.asp [If someone has been charged with a crime that can lead to prison time, then the charges against that person are considered by a grand jury, which decides whether probable cause exists to issue an indictment -- that is, bring the accused to trial] The Grand Jury The Constitution and laws of Illinois provide that no person shall be brought to trial for a crime punishable by death or by imprisonment in the penitentiary unless either the initial charge has been brought by indictment of a grand jury or the person has been given a prompt preliminary hearing and a judge has found probable cause. http://www.co.mchenry.il.us/CountyDpt/jury/Questions.asp A grand jury, so named because it is comprised of a greater number of people (16) than a petite jury, is sworn to hear evidence presented by the prosecution and determines if probable cause exists that a crime has been committed. http://www.19thcircuitcourt.state.il.us/bkshelf/jury_emp/IL_GrandJurorHB.pdf THE GRAND JURY The Constitution and laws of Illinois provide that no person shall be brought to trial for a crime punishable by death or by imprisonment in the penitentiary unless either the initial charge has been brought by indictment of a grand jury or the person has been given a prompt preliminary hearing and a judge has found probable cause. In cases presented to the grand jury, the grand jury has a dual function. It determines that a person should be charged or prosecuted for a criminal act when it finds there is probable cause to believe the person has committed an offense. At the same time, it protects the innocent from unfounded accusation of crime and from the trouble, expense, and anxiety of a trial when there is, in fact, insufficient evidence to believe the accused is guilty of any criminal offense. The grand jury thus stands between the citizen and the State, pledged to bring before the Court, to answer to a charge of having committed a crime, persons against whom there is evidence of guilt and to prevent the unjust indictment of those who are accused of crime without sufficient evidence or because of private motives or popular feelings. ----- Your question has two parts, and I'd like to address each separately. But I must begin with two caveats: (1) I am not a lawyer. Although I am a good researcher, and I'm confident about the information I've given you here, you should certainly seek the advice of a legal professional before basing any actions on this information. (2) If for any reason, this answer does not meet your expectations, please let me know through a Request for Clarification, and I will be happy to provide additional information. Now, as to your two-part question. Part I asked: I. How can a person seek an indictment directly from a grand jury in Illinois if one is sitting? Generally speaking, you can't. The ordinary course of events is to bring any information you have about the commision of a crime to law enforcement officials -- that is, to the police and/or the attorney general. If these officials find your information compelling, and can identify an individual, or individuals allegedly involved with the crime, they will initiate the process of filing formal charges. If the charges are serious enough to lead to jail time, then in Illinois they will automatically lead to a review by a sitting grand jury. As can be seen from the excerpt below, taken from a fairly detailed description of grand jury responsibilities, information usually comes before the grand jury in only four ways: http://www.19thcircuitcourt.state.il.us/bkshelf/jury_emp/IL_GrandJurorHB.pdf POWERS AND DUTIES OF THE GRAND JURY The grand jury has the duty of inquiring into matters relating to crime or corruption in the area it serves. This information generally comes to its knowledge in the following ways; 1. Information submitted by the Prosecutor. 2. Information that may come to its knowledge in the course of its investigation of other matters. 3. Information called to its attention by the Court. 4. Information that it has of its own knowledge. Most of the cases that you will consider as a grand juror will be brought to your attention and come before you as a result of investigation and preparation by the Prosecutor. The Prosecutor will be either the State's Attorney, the Attorney General or an assistant to either of them. He or she is the officer charged by law with the prosecution of crime in the county. [So, as you can see, there is not, under ordinary circumstances, an opportunity for someone outside the system to bring information before the grand jury. However, there are occassions when grand juries have been known to go off on their own, independent quests. The same pamphlet goes on as follows:] However, the grand jury possesses broad powers of its own to inquire into crime and corruption in its jurisdiction. It has a right under the law to make its own investigation unaided by the Court and assisted by any prosecuting attorney. On petition signed by the foreperson and 8 other grand jurors, showing good cause for same, the Court may appoint an investigator or investigators to assist the grand jury in its inquiries. Included in this power of investigation is the right of the grand jury to subpoena witnesses and documents. While neither the Court nor the Prosecutor may limit the scope of a grand jury investigation, you should remember that these officials are available for advice and counsel in any investigation the grand jury may wish to undertake. Ordinarily, the grand jury will not act independently of the Court and the Prosecutor. However, if these officials may be concerned in any investigation contemplated by the grand jury, the jury has a right to seek the advice of the Attorney General. [I will return below to the question of bringing information before a sitting grand jury] ----- The second part of your question was: "How can a person...cause one to be formed for that purpose?" Again, the usual procedure is to come forward to law enforcement officials with information about a crime that you believe has been committed. If the officials deem it appropriate, they will then bring the information forward to a grand jury. As you have not given me any context for your question -- that is, I don't know if it's an academic interest, or if you are looking for a way to have a possible crime investigated -- I have no way of knowing what steps, if any, you might have taken already to bring a matter to the attention of law enforcement. However, one tool that is available for accomplishing either of your apparent goals -- bringing information to, or causing the convening of, a grand jury -- is the citizen petition. Citizen petitions to convene grand juries have a long and honorable history. In some states, the right to file such a petition, and the procedures for doing so, are written into state law. In others, it is more a matter of precedence. I could find no instances of such petitions in Illinois, but that should not be taken as an indication that such a petition would not receive appropriate attention. This is a well-regarded tool of citizen action. I have listed below some petition information from other states that I think you will find relevant: ----- http://www.leg.state.nv.us/NRS/NRS-006.html#NRS006Sec130 [Nevada state law has an explicit right to petition for a grand jury] NRS 6.130 Permissible summoning of grand jury by filing of affidavit or petition by taxpayer. 1. In any county, if the statute of limitations has not run against the person offending, the district judge may summon a grand jury after an affidavit or verified petition by any taxpayer of the county accompanied by and with corroborating affidavits of at least two additional persons has been filed with the clerk of the district court, setting forth reasonable evidence upon which a belief is based that there has been a misappropriation of public money or property by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present. The district judge shall act upon the affidavit or petition within 5 days. If he fails or refuses to recall or summon a grand jury, the affiant or petitioner may proceed as provided in NRS 6.140. NRS 6.132 Summoning of grand jury by filing of petition by committee of registered voters. 1. A committee of petitioners consisting of five registered voters may commence a proceeding to summon a grand jury pursuant to this section by filing with the clerk of the district court an affidavit that contains the following information: --- http://www.peak.org/~snapper/petition.htm [This is an example from California of an on-line petition for a grand jury, sent to the state and county attorneys general, as well as other officials]. --- http://www.ardmoreite.com/stories/042498/news/headlines.html Petition for grand jury probe of District Attorney approved [newspaper story about a successful citizen petition to a grand jury in Oklahoma] ----- So, the bottom line appears to be that there is no formal way to either bring information to the attention of a sitting grand jury in Illinois, or a way to compel the creation of a grand jury, beyond the traditional means of bringing information about a crime directly to law enforcement officials. However, there is an opportunity to pursue either goal by creating a petition that could be modeled after the petitions I've given you here, or you could follow a different design as best suits your needs. You could submit a petition as an individual, or try to collect multiple signatures from other iterested parties. In the cases I reviewed, such petitions were generally sent to the Attorneys General at the state level, and perhaps at more local levels as well. I have excerpted below information from the Attorney General's office for the state of Illinois that describes some of the key organizational units within the office. Depending on the nature of the allegations one wished to make, a petition to the AG, with a copy to the appropriate unit within the office, may be the best place to start. ----- http://www.ag.state.il.us/resource/rsguide.htm Attorney General's Office [Note that the second unit listed (with asterisks) is the "Statewide Grand Jury unit" -- these are the people in the AG's office that can bring information before a sitting statewide grand jury, ordinarily convened to address special categories of crime such as certain drug offenses or gang-related crimes. The other units can also bring information before a grand jury pertaining to crimes in the jurisdiction of each unit] The Criminal Justice Division is the principal tool in the Attorney General's fight against crime. It consists of the following units: The Criminal Prosecution and Trials Assistance Bureau provides experienced investigators and prosecutors to assist, at their request, Illinois 102 state's attorneys. The bureau also prosecutes those who defraud the state's federally-funded food stamp program(WIC). *** The Statewide Grand Jury unit work with other law enforcement agencies to gather, evaluate and present evidence on crimes related to narcotics, weapons and gang operations where that criminal activity crosses county lines. The Consumer Fraud Strike Force investigates and prosecutes those who have committed financial and white collar crimes defraduing Illinois consumers. The Illinois Narcotics Nuisance Abatement Bureau uses civil nuisance actions to assist state's attorneys in efforts to shut down drug houses. The Medicaid Fraud Bureau prosecutes those who defraud the Medicaid Program. The Criminal Revenue Bureau prosecutes those who commit criminal acts to deprive the state of tax revenue. The Cash Transaction Reporting Unit analyzes information on suspicious cash transactions to identify and investigate money-laundering operations. The Investigations Bureau supports the prosecutorial and enforcement activities of the Attorney General, investigating possible criminal or fraudulent activity and coordinating the work of this office with that of other law enforcement agencies. The Appeals/Opinions Division, directed by the Solicitor General, coordinates the office's appellate and legal advisory functions. Three bureaus carry out the division's work. The Civil Appeals Bureau represents the state, its agencies and officers, in all matters before the appellate courts, the Illinois Supreme Court and the United States Supreme Court. The Criminal Appeals Bureau represents the people of the State of Illinois in criminal appellate matters, and handles or supervises all criminal cases in the Illinois State Court. Death penalty cases are a particularly important part of this bureau's work. The Opinions Bureau assists the Attorney General in carrying out his responsibilities to consult with and advise state officers and state's attorneys in matters related to their duties. Opinions prepared in this bureau provide significant guidance in the operation of government. The Environmental Enforcement/Asbestos Division acts to protect the state's environment, and the health, safety and welfare of its people. Four units carry out the work of the division. The Environmental Bureau enforces the state's environmental laws, working to stop pollution and to ensure that polluters not taxpayers pay the cost of cleanup. The Environmental Crimes Bureau prosecutes the worst polluters, seeking criminal sanctions, including jail time, rather than civil penalties. The Environmental Investigators Network designates and trains local law enforcement officers to serve as area environmental enforcement experts, expanding the Attorney General's ability to identify and stop polluters. The Asbestos Litigation Bureau files lawsuits to recover damages from asbestos manufacturers for contamination of state buildings. The Public Interest Division protects and advances the rights and interests of Illinois residents. The work of the division is carried out by the bureaus described below. The Charitable Trust Bureau ensures that money or assets donated for charitable purposes are properly applied. As part of its responsibility, the bureau monitors the activities of charitable organizations and professional fundraisers to ensure that donations are distributed and used in compliance with state law. The Antitrust Bureau protects consumers and businesses by enforcing laws prohibiting activities, such as monopoly, price fixing and price discrimination, that restrain trade or involve unfair methods of competition. The Disability Rights Bureau enforces laws governing access to public facilities, and provides legal and technical assistance to state and local government and advocacy organizations on compliance with the American with Disabilities Act and the Environmental Barriers Act. The Nursing Homes Bureau assists in the enforcement of the state's nursing home regulations and advocates for the rights of nursing home residents. The Public Utilities Bureau acts in the interest of Illinois consumers before the Illinois Commerce Commission in matters involving electricity, gas and telephone rates. The Civil Rights Bureau brings actions to enforce state and federal laws relating to fair housing, employment and civil rights, where violations impact a substantial population of the state. The Veteran's Bureau advocates for the rights of Illinois veterans. The Freedom of Information Bureau processes requests for public records of the Office of the Attorney General and disseminates information on the state's open government laws. The Government Representation Division consists of several bureaus which represent state government in various courts. The General Law Bureau represents the state of Illinois, its officers, agencies, boards, commissions and employees in all general civil litigation. The Industrial Commission Bureau represents the agencies of the state government in workers' compensation matters, and institutes criminal proceedings against employers who fail to comply with the Illinois Workers' Compensation Act and the Workers' Occupational Diseases Act. The Land Acquisition Bureau represents state government in eminent domain matters, and reviews documents pertaining to the acquisition of property for state use. The Public Aid Bureau assists in child support matters. The Revenue Litigation Bureau represents the Illinois Department of Revenue in the enforcement of state tax laws and administers Illinois' estate tax law. The Welfare Litigation Bureau represents the Illinois Department of Public Aid in civil matters. The Unemployment Insurance Bureau handles all civil and criminal matters for the Division of Unemployment Insurance of the Illinois Department of Labor. The Toll Highway Bureau represents the Illinois Toll Highway Authority in all legal matters. Policy/Communication examines emerging problems, advises the Attorney General in matters of public policy and provides educational information to the public. Policy advisors assist the Attorney General on issues relating to families, children, violence against women, persons with disabilities, seniors and crime victims. They keep the lines of communication open between the Attorney General's office and other Illinois law enforcement officials, advocates, education personnel, social service agencies and other public servants. Policy advisors also assist in drafting Legislation and creating programs to address areas of concern. The Research Unit supports the work of the policy advisors by examining the effectiveness of the Legislation in Illinois and in other states. The unit also gathers statistics and research reports which provide comprehensive, up-to-date information to assist in drafting constructive legislative and program initiatives. Grant Administration is responsible for allocating Violent Crime Victims Assistance Grant funds to programs which provide services to victims of crimes. The Attorney General distributes funds in excess of $5 million to more than 260 victims rights groups in the state annually. This money is collected from criminal fines - not taxpayer money. The Crime Victims Bureau processes claims for compensation under the Illinois Crime Victims Compensation Act to innocent victims of violent crimes or their dependents. Claims must be filed within one year of the date of injury. The Public Affairs and Community Relations Bureau educates the public on the services offered by the Attorney General's Office through publications, videos, exhibits and public speakers. --- Full Service Offices of the Attorney General Carbondale Office 1001 East Main Street Carbondale, Illinois 62901 618-529-6400 TTY 618-529-6403 Chicago Office James R. Thompson Center 100 West Randolph Street Chicago, Illinois 60601 312-814-3374 TTY 312-814-3374 Springfield Office 500 South Second Street Springfield, Illinois 62706 217-782-1090 TTY 217-785-2771 There are also a number of Regional Offices listed on the web site. ----- I hope this information suits your needs, but as I mentioned earlier, if you feel you would like additional information on anything I've mentioned here, please let me know with a "Request for Clarification." search strategy: Google search on: Illinois "grand jury"


  • pafalafa-ga, good start. Yes, I understand how the system is supposed to work which is as real as Santa. I need to know "HOW" to circumvent the normal route to a grandjury in ILL. Has anyone done it before and if so "HOW"? This is important!


  • Hello Jack. I'm not back yet with an answer, but I do have a question. It would be helpful to know what Illinois county you live in. Also, if the crime you know about occurred in a different county, let me know that county location as well.


  • It's fine to ask for more clarification, and I'll do what I can to get you additional information. I've used up the readily available sources, though, so digging deeper (if possible) will take some time. Give me a week to get back to you, and I'll let you know what I've found.


  • Willing to dig, dig, and dig some more! Very responsive for need to clarify!


  • Hello again Jack. I've been in extensive contact with some folks in Illinois (and a few outside the state) who are very knowledgeable about grand juries. Here's what I've learned: 1. There is no formal mechanism in Illinois for petitioning -- or otherwise requesting -- a grand jury to look into a particular matter. 2. No one knows of any cases/examples of people who have -- through an informal process -- initiated a grand jury investigation in Illinois (although there is one example of petitioning to *limit* a grand jury -- I'll get to that). 3. This doesn't mean you're out of options -- I'll discuss two of them below. ---------- First, there's this, from Professor Brenner, a scholar on grand juries at the University of Dayton -- check out her Grand Jury web site at [ http://www.udayton.edu/~grandjur/ ]: Q: Can a citizen call for a grand jury? Response from Prof. Brenner: That depends on what jurisdiction you're in. I believe citizens in some states (California, perhaps?) can call for the empanelment of a grand jury by signing a petition, but I don't know which states allow this. I suggest you call the clerk of your local court of general jurisdiction (e.g., common pleas court, circuit court, district court--the basic county trial court) and ask if this can be done in your state. If it can, you might ask how many signatures are required, etc. As an alternative you could call the local prosecutor's office and ask them. ---------- I did both -- spoke with several county court clerks and States Attorney's offices in different Illinois counties. They confirmed what my research had already suggested -- there is no formal means of petitioning a grand jury, and no examples they know of where a citizen "invented" a process on his/her own to initiate a grand jury investigation. I've included below a list of the contact information for the county clerks througout Illinois, in case you want to make some calls of your own. ---------- There is a case I found where an attorney *did* petition a court for his client regarding a grand jury. But the petition was to have a particular person head the grand jury that was investigating his client (presumably, in fear that the grand jury might otherwise be biased and improperly indict the client). The case can be found here: http://www.state.il.us/court/Opinions/AppellateCourt/1996/3rdDistrict/November/HTML/3950775.txt and here's the relevant excerpt: PEOPLE OF THE STATE OF ILLINOIS v. THOMAS WILKINSON, JOHN DOLLINGER and DONALD KAUFMAN ...A Grundy County grand jury investigated whether members of the Grundy County Board acted improperly concerning the bid and eventual award of a county contract for computer equipment. The targets of this investigation, Wilkinson, Dollinger and Kaufman (appellees), retained private counsel, Jeremy Margolis, to represent their interests during the pendency of the grand jury investigation. ***On November 1, 1994, Margolis filed a petition to appoint a special prosecutor to conduct the grand jury investigation and to enjoin the Grundy County State's Attorney's Office from any involvement with the grand jury investigation***. On November 7, 1994, the court ruled a special prosecutor was necessary and upon the agreement of the parties and of Will County State's Attorney James Glasgow, the court appointed the Will County State's Attorney's Office to conduct the grand jury investigation. ----- So, the bottom line is that it is possible to submit a petition regarding the work of the grand jury, but it is apparently limited to those who are the object of the grand jury's scrutiny. There is simply no recognized process nor any precident for a citizen in Illinois to focus a grand jury's efforts on a particular charge. ----------- So, where does that leave you? As I see it, you have two options: (1) take a route other than the grand jury route, or (2) invent your own process for petitioning for a grand jury. ---------- (1) take a route other than the grand jury route There's an interesting page you should look at from the "VIctims Services Unit" at the Dupage County State Attorney's site: http://www.co.dupage.il.us/statesattorney/criminalComplaint.asp Although the information here is specific to Dupage County, there is nothing to prevent you from following these same guidelines in any county in Illinois through the local States Attorney office. I've included a good bit of their text here, as the discussion of the process for filing an "informal complaint" of a suspected crime is very relevant to this issue. Especially important is the second Q&A below, about what a citizen can do when the police fail to act: ----- The Victim Services Unit of the DuPage County State's Attorney's Office offers citizens, who may have been victimized by criminal conduct, the opportunity to file an informal criminal complaint. Someone has committed a criminal act against me, where can I go for help? The first place to always go when someone has committed a criminal act against you is your local police department. Contact your local police department and indicate that you wish to sign a criminal complaint or make a report relating to a possible criminal offense. If your complaint is an emergency dial 911. The police department will not pursue with criminal charges, is there anything else that I can do? Unfortunately, every incident that you may become involved with does not result in the police initiating a criminal charge. This may happen if the situation is "civil" in nature (the matter must be handled in civil court) or there is not enough evidence to pursue a criminal charge. If the police have filed a report and have declined to pursue criminal charges, you may wish to contact the Victim Services of the States Attorney's Office to file an informal complaint. What is an informal complaint? An informal complaint is a request by a citizen for the State's Attorney's Office to investigate potential criminal conduct by a party, after the police department has declined to pursue with criminal charges. The police investigation must be completed before the State's Attorney's Office can assist with an informal complaint. If a police investigation is completed and has not resulted in any criminal charges, you may wish to have the State's Attorney's office look into the specific incident by contacting the Victim Services Unit of the State's Attorney's Office at (630) 682-7988, Monday through Friday between the hours of 8:00 AM and 4:30 PM. Once you have made an informal complaint to the State's Attorney's Office it will be reviewed by an Assistant State's Attorney for potential criminal conduct. The State's Attorney's Office will either approve criminal charges or decline criminal charges based on the police reports, any statutory requirements/limitations, and your statements. Once a file has been reviewed by the Assistant State's Attorney, you will be informed in writing as to the decision whether or not criminal charges will be filed. If an informal complaint is declined, you will receive some information as to what other steps, if any, you may wish to pursue. The Assistant State's Attorney will only review the informal complaint for criminal charges. Informal complaints concerning allegations that are civil in nature must be handled by your own private attorney. How long does an informal complaint take to review? There is no formal time frame for reviewing informal complaints. Response times may vary greatly depending on the current case load and the nature of the incident. I have submitted an informal complaint to the State's Attorney's Office, who may have access to it? Informal complaints are not of public record and are not subject to the Freedom of Information act. Information contained within an informal complaint will remain confidential. To obtain any documents that you may have submitted with your informal complaint you must contact the State's Attorney's Office Victim Services Unit to make an appointment at (630)682-7988, Monday through Friday between 8:00AM and 4:30PM. Is there a way to know if an informal complaint has been filed against me? The State's Attorney's Office will not confirm or deny the existence of any informal complaint. ---------- I recognize how important to you it is to pursue the grand jury option and I'll discuss this below. In your comments to my original answer, you said: "I need to go "directly" (by passing judges, prosecutors, and anyone else that can be manipulated or removed) to the grandjury". It is interesting to note, however, that not everyone share's your apparent conviction that the grand jury is somehow less easily manipulated than the rest of the system. Many states have abandoned the grand jury process because it was widely believed that the grand juries had become nothing more than a rubber stamp to approve the prosecutor's decisions, rather than an independent part of the judicial system. However, if you do want to go the grand jury route, then we are left with: (2) invent your own process for petitioning for a grand jury. At one point in my investigation, I became quite excited because I thought I had found an example of what you are looking for: an article in the June 22, 1990 Chicago Tribune, "Mom's persistence pays off, suspect charged". The first sentence reads: "A man faces an extradition hearing after being charged with kidnapping in the 1987 disappearance of a 9-year-old girl whose mother forced a grand jury investigation." Unfortunately, the rest of the story makes clear that the case occurred in Nebraska...not Illinois...and was possible due to a petition provision in state law. The article continues: "Frustrated by what she considered lax police work, [the woman] began a petition drive and forced a grand jury investigation. Under state law, a court is required to convene a grand jury if presented with petitions from at least 10 percent of the county's voters who participated in the last gubernatorial election. [She] needed 1,024 signatures and collected 1,471. A Madison County grand jury began work April 30." ----- It's worth being familiar with the details here because, even though this is an example from another state, with a different set of laws, there's an underlying principle at work here which is universal. *The system will respond to public sentiment*. The mom in Nebraska didn't have an option to empanel a grand jury entirely on her own, but could only do it by amassing the voices of 1,471 of her neighbors -- once she did, the system had to listen. The justice system in Illinois does not have a legal obligation to respond to such an outpouring of public sentiment, as is the case in Nebraska. However....it will respond just the same, if it hears a concerted message from enough of its citizens. Jack, there's no reason to choose one option or the other -- go with both! File an informal criminal complaint AND launch a petition drive. Put your commitment to this case to work by making as much noise as you can. Make your voice heard. Let people know the nature of your concerns. Compile as many signatures as you can in a petition drive. Let the local newspaper hear your story. I'm sorry the path for doing this is not laid out clearly, with the precise actions spelled out every step of the way. That's how most of life is, I suppose, but we manage to move our way through it. The simple act of posting this question, as you did, demonstrates a level of commitment and willingness to go forward on an issue of great importance to you. I urge you to take the next steps. I've offered some suggestions here of how to do so. I hope they are useful. Good luck. ------------------------------- http://www.state.il.us/court/CircuitCourts/County.asp Circuit Court Clerks (by County) Adams Glen F. Hultz 521 Vermont Street Quincy, Illinois 62301-2934 Phone: 217/277-2100 Fax: 217/277-2116 Alexander Sharon McGinness 2000 Washington Cairo, Illinois 62914-1717 Phone: 618/734-0107 Fax: 618/734-7003 Bond John K. King 200 West College Greenville, Illinois 62246-1057 Phone: 618/664-3208 Fax: 618/664-4676 Boone Julie Kleive 601 North Main, #303 Belvidere, Illinois 61008-2644 Phone: 815/544-0371 Fax: 815/547-9213 Brown Doris Todd #1 Court Street Mt. Sterling, Illinois 62353-1233 Phone: 217/773-2713 Fax: 217/773-2233 Bureau Michael L. Miroux 702 South Main Street Princeton, Illinois 61356-2037 Phone: 815/872-2001 Fax: 815/872-0027 Calhoun Yvonne Macauley Main & County Roads Hardin, Illinois 62047-0486 Phone: 618/576-2451 Fax: 618/576-9541 Carroll Sherri A. Miller 301 North Main St. Mt. Carroll, Illinois 61053-0032 Phone: 815/244-0230 Fax: 815/244-3869 Cass Evelyn K. Trenter P.O. Box 203 Virginia, Illinois 62691-0203 Phone: 217/452-7225 Fax: 217/452-7219 Champaign Linda S. Frank 101 East Main Street Urbana, Illinois 61801-2736 Phone: 217/384-3725 Fax: 217/384-3879 Christian Donna Castelli On the Square, Box 617 Taylorville, Illinois 62568-0617 Phone: 217/824-4966 Fax: 217/824-5105 Clark Terri Reynolds 501 Archer Avenue, Box 187 Marshall, Illinois 62441-0187 Phone: 217/826-2811 Fax: 217/826-1396 Clay Rita L. Porter On the Square, P.O. Box 100 Louisville, Illinois 62858-0100 Phone: 618/665-3523 Fax: 618/665-3543 Clinton Jeff Luebbers 850 Fairfax Carlyle, Illinois 62231-0407 Phone: 618/594-2415 Fax: 618/594-0197 Coles Vicki Kirkpatrick 6th and Jackson, Box 48 Charleston, Illinois 61920-0048 Phone: 217/348-0516 Fax: 217/348-7324 Cook Dorothy A. Brown Richard J. Daley Ctr, Room 1001 Chicago, Illinois 60602-1305 Phone: 312/603-5030 Fax: 312/603-4557 Crawford Denise Utterback Court Street, P.O. Box 655 Robinson, Illinois 62454-0655 Phone: 618/544-3512 Fax: 618/546-5628 Cumberland Tina Gabel Courthouse Square, Box 145 Toledo, Illinois 62468-0145 Phone: 217/849-3601 Fax: 217/849-3183 DeKalb Maureen Josh 133 West State St. Sycamore, Illinois 60178-1416 Phone: 815/895-7131 Fax: 815/895-7140 DeWitt Kathy A. Weiss 201 W. Washington St Clinton, Illinois 61727-0439 Phone: 217/935-2195 Fax: 217/935-3310 Douglas Julie Mills 401 South Center, P.O. Box 50 Tuscola, Illinois 61953-0050 Phone: 217/253-2352 Fax: 217/253-9006 DuPage Joel Kagann 505 N. County Farm Rd Wheaton, Illinois 60189-0707 Phone: 630/682-7111 Fax: 630/682-7085 Edgar Janis K. Nebergall 115 West Court St. Paris, Illinois 61944-1739 Phone: 217/466-7447 Fax: 217/466-7443 Edwards Patsy Taylor 50 E. Main Street Albion, Illinois 62806-1262 Phone: 618/445-2016 Fax: 618/445-4943 Effingham B. Jane Schuette 100 E Jefferson, #101, PO Box 586 Effingham, Illinois 62401-0586 Phone: 217/342-4065 Fax: 217/342-6183 Fayette Marsha Wodtka 221 South Seventh Vandalia, Illinois 62471-2755 Phone: 618/283-5009 Fax: 618/283-4490 Ford Kamalen K. Johnson 200 West State, Box 80 Paxton, Illinois 60957-0080 Phone: 217/379-2641 Fax: 217/379-3445 Franklin Donna Sevenski On the Square, P.O. Box 485 Benton, Illinois 62812-2264 Phone: 618/439-2011 Fax: 618/439-4119 Fulton Mary C. Hampton 100 North Main St., P.O. Box 152 Lewistown, Illinois 61542-0152 Phone: 309/547-3041 Fax: 309/547-3674 Gallatin Mona L. Moore Lincoln Boulevard, PO Box 249 Shawneetown, Illinois 62984-0249 Phone: 618/269-3140 Fax: 618/269-4324 Greene V. "Tunie" Brannan 519 North Main St. Carrollton, Illinois 62016-1093 Phone: 217/942-3421 Fax: 217/942-5431 Grundy Karen Slattery 111 E. Washington St, Rm 30 Morris, Illinois 60450-0707 Phone: 815/941-3258 Fax: 815/942-2222 Hamilton Bobbi Oxford Public Square McLeansboro, Illinois 62859-1490 Phone: 618/643-3224 Fax: 618/643-3455 Hancock John Neally Courthouse Square, Box 189 Carthage, Illinois 62321-0189 Phone: 217/357-2616 Fax: 217/357-2231 Hardin Diana Hubbard Main & Market, P.O. Box 308 Elizabethtown, Illinois 62931-0308 Phone: 618/287-2735 Fax: 618/287-7833 Henderson Sandra D. Keane 4th & Warren, Box 546 Oquawka, Illinois 61469-0546 Phone: 309/867-3121 Fax: 309/867-3207 Henry Debra J. Doss 307 West Center St., P.O. Box 9 Cambridge, Illinois 61238-0009 Phone: 309/937-3572 Fax: 309/937-3990 Iroquois Arlene J. Hines 550 South Tenth St. Watseka, Illinois 60970-1810 Phone: 815/432-6950 Fax: 815/432-0347 Jackson Cindy R. Svanda 10th & Walnut, P.O. Box 730 Murphysboro, Illinois 62966-0730 Phone: 618/687-7300 Fax: 618/684-6378 Jasper Sheryl Frederick 100 West Jourdan Newton, Illinois 62448-1973 Phone: 618/783-2524 Fax: 618/783-8626 Jefferson Gene Bolerjack 10th and Broadway, Box 1266 Mt. Vernon, Illinois 62864-1266 Phone: 618/244-8007 Fax: 618/244-8029 Jersey Charles E. Huebener 201 West Pearl Jerseyville, Illinois 62052-1852 Phone: 618/498-5571 Fax: 618/498-6128 Jo Daviess Sharon A. Wand 330 North Bench St. Galena, Illinois 61036-1828 Phone: 815/777-0037 Fax: 815/777-2229 Johnson Neal E. Watkins Courthouse Square, PO Box 517 Vienna, Illinois 62995-0517 Phone: 618/658-4751 Fax: 618/658-2908 Kane Deborah Seyller 540 S Randall Rd St. Charles, Illinois 60174 Phone: 630/232-3413 Fax: 630/208-2172 Kankakee Kathryn Thomas 450 East Court St. Kankakee, Illinois 60901-3917 Phone: 815/937-2905 Fax: 815/937-3903 Kendall Shirley R. Lee 807 W. John St., P.O. Box M Yorkville, Illinois 60560-0259 Phone: 630/553-4183 Fax: 630/553-4964 Knox Kelly A. Cheesman 200 South Cherry St. Galesburg, Illinois 61401-4912 Phone: 309/343-3121 Fax: 309/343-7002 Lake Sally D. Coffelt 18 North County St. Waukegan, Illinois 60085-4340 Phone: 847/377-3380 Fax: 847/360-6409 LaSalle Joseph Carey 119 W. Madison Ottawa, Illinois 61350-0617 Phone: 815/434-8671 Fax: 815/433-9198 Lawrence Peggy Frederick 1100 State Street Lawrenceville, Illinois 62439-2390 Phone: 618/943-2815 Fax: 618/943-5205 Lee Denise A. McCaffrey 309 S. Galena, Bx 325 Dixon, Illinois 61021-0325 Phone: 815/284-5234 Fax: 815/288-5615 Livingston Judith K. Cremer 112 West Madison St. Pontiac, Illinois 61764-0320 Phone: 815/844-2602 Fax: 815/842-1844 Logan Carla Bender 601 Broadway P.O. Box 158 Lincoln, Illinois 62656-0158 Phone: 217/735-2376 Fax: 217/732-1231 McDonough Julia A. Woodrum #1 Courthouse Square PO Box 348 Macomb, Illinois 61455-0348 Phone: 309/837-4889 Fax: 309/833-4493 McHenry Vernon W. Kays 2200 North Seminary Ave. Woodstock, Illinois 60098-2837 Phone: 815/338-2040 Fax: 815/338-8583 McLean Sandra K. Parker 104 West Front St., Room 404 Bloomington, Illinois 61702-2400 Phone: 309/888-5324 Fax: 309/888-5281 Macon Kathy Hott 253 East Wood St. Decatur, Illinois 62523-1489 Phone: 217/424-1454 Fax: 217/424-1350 Macoupin Mike Mathis 201 East Main Street Carlinville, Illinois 62626-1824 Phone: 217/854-3211 Fax: 217/854-8561 Madison Matt Melucci 155 N. Main Edwardsville, Illinois 62025-1955 Phone: 618/692-6240 Fax: 618/692-0676 Marion Ronda Yates 100 Main P.O. Box 130 Salem, Illinois 62881-0130 Phone: 618/548-3856 Fax: 618/548-2358 Marshall Gina M. Noe 122 N. Prairie P.O. Box 328 Lacon, Illinois 61540-0328 Phone: 309/246-6435 Fax: 309/246-2173 Mason Brenda Miller 125 N. Plum Havana, Illinois 62644-0377 Phone: 309/543-6619 Fax: 309/543-4214 Massac Larry Grace Superman Square, P.O. Box 152 Metropolis, Illinois 62960-1882 Phone: 618/524-5011 Fax: 618/524-4850 Menard Penny Hoke P.O. Box 466 Petersburg, Illinois 62675-0466 Phone: 217/632-2615 Fax: 217/632-4124 Mercer Jeff Benson 100 Southeast 3rd St., PO Box 175 Aledo, Illinois 61231-0175 Phone: 309/582-7122 Fax: 309/582-7121 Monroe Aaron Reitz 100 South Main St. Waterloo, Illinois 62298-1322 Phone: 618/939-8681 Fax: 618/939-5132 Montgomery Mary Webb 120 N. Main Street, Box C Hillsboro, Illinois 62049-0210 Phone: 217/532-9546 Fax: 217/532-9519 Morgan Theresa Lonergan 300 West State St., Box 1120 Jacksonville, Illinois 62650-1165 Phone: 217/243-5419 Fax: 217/243-2009 Moultrie Deborah M. Preston 10 South Main St. Sullivan, Illinois 61951-1969 Phone: 217/728-4622 Fax: 217/728-7833 Ogle Martin W. Typer 4th & Washington Oregon, Illinois 61061-0337 Phone: 815/732-3201 Fax: 815/732-6273 Peoria Robert Spears 324 Main St., Rm. G22 Peoria, Illinois 61602-1319 Phone: 309/672-6989 Fax: 309/677-6228 Perry Nick Dolce Courthouse Square, Box 219 Pinckneyville, Illinois 62274-0219 Phone: 618/357-6726 Fax: 618/357-3923 Piatt Gary Bickel 101 W. Washington St Monticello, Illinois 61856-0288 Phone: 217/762-4966 Fax: 217/762-8394 Pike Ben Johnson 100 East Washington Pittsfield, Illinois 62363-1497 Phone: 217/285-6612 Fax: 217/285-4726 Pope Sean Goins Main Street P.O. Box 438 Golconda, Illinois 62938-0502 Phone: 618/683-3941 Fax: 618/683-3018 Pulaski Cindy Kennedy N 2nd & High Street PO Box 88 Mound City, Illinois 62963-0088 Phone: 618/748-9300 Fax: 618/748-9329 Putnam Cathy J. Oliveri 120 North 4th Street Hennepin, Illinois 61327-0207 Phone: 815/925-7016 Fax: 815/925-7549 Randolph Barbara Brown #1 Taylor Street Chester, Illinois 62233-0329 Phone: 618/826-3116 Fax: 618/826-3750 Richland Connie Kuenstler 103 West Main Street Olney, Illinois 62450-2170 Phone: 618/392-2151 Faxs: 618/392-8207 Rock Island Lisa L. Bierman 210 15th St. Bx 5230 Rock Island, Illinois 61201-5230 Phone: 309/786-4451 Fax: 309/786-3029 St. Clair C. Barney Metz 10 Public Square Belleville, Illinois 62220-1623 Phone: 618/277-6832 Fax: 618/277-1925 Saline Jack T. Nolen 10 East Poplar St. Harrisburg, Illinois 62946-1553 Phone: 618/253-5096 Fax: 618/253-3904 Sangamon Anthony P. Libri 200 South 9th Street, Rm. 405 Springfield, Illinois 62701-1299 Phone: 217/753-6674 Fax: 217/753-6665 Schuyler Elaine Boyd Lafayette & Congress, P.O.Bx 80 Rushville, Illinois 62681-0189 Phone: 217/322-4633 Fax: 217/322-6164 Scott Joni Garrett 35 East Market St. Winchester, Illinois 62694-1216 Phone: 217/742-5217 Fax: 217/742-5853 Shelby Cheryl Roley P.O. Box 469 Shelbyville, Illinois 62565-0469 Phone: 217/774-4212 Fax: 217/774-4109 Stark Marian E. Purtscher 130 Main Street, Box 426 Toulon, Illinois 61483-0426 Phone: 309/286-5941 Fax: 309/286-4039 Stephenson Karla Toelke 15 North Galena St. Freeport, Illinois 61032-0785 Phone: 815/235-8266 Fax: 815/233-1576 Tazewell Pam J. Gardner 342 Court Street Pekin, Illinois 61554 Phone: 309/477-2214 Fax: 309/353-7801 Union Lorraine Moreland 309 W. Market St., Rm 101 Jonesboro, Illinois 62952 Phone: 618/833-5913 Fax: 618/833-5223 Vermilion Susan Miller 7 North Vermilion St Danville, Illinois 61832-5806 Phone: 217/431-2541 Fax: 217/431-2538 Wabash JoAnn Green 401 Market P.O. Drawer 997 Mt. Carmel, Illinois 62863 Phone: 618/262-5362 Fax: 618/263-4441 Warren Jill M. Morris 100 West Broadway Monmouth, Illinois 61462-1795 Phone: 309/734-5179 Fax: 309/734-4151 Washington Carol Heggemeier 101 E. St. Louis St. Nashville, Illinois 62263-1100 Phone: 618/327-4800 Fax: 618/327-3583 Wayne Sharon L. Gualdoni 301 East Main St., PO Box 96 Fairfield, Illinois 62837-0096 Phone: 618/842-7684 Fax: 618/842-2556 White Ellen I. Pettijohn 301 East Main St., PO Box 310 Carmi, Illinois 62821-0310 Phone: 618/382-2321 Fax: 618/382-2322 Whiteside Jane Fransen 200 East Knox Street Morrison, Illinois 61270-2819 Phone: 815/772-5188 Fax: 815/772-5187 Will Pamela J. McGuire 14 West Jefferson St Joliet, Illinois 60432-4399 Phone: 815/727-8585 Fax: 815/727-8896 Williamson Stuart Hall 200 West Jefferson Marion, Illinois 62959-2494 Phone: 618/997-1301 Fax: 618/998-9401 Winnebago Marc A. Gasparini 400 West State St. Rockford, Illinois 61101-1221 Phone: 815/987-5464 Fax: 815/987-3012 Woodford Carol J. Newtson 115 North Main St., P.O. Box 284 Eureka, Illinois 61530-0284 Phone: 309/467-3312 Fax: 309/467-4626
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  • Jack, I'm happy to continue to assist you on this question. It would be very helpful if you could provide a bit of context for the situation you are asking about. Is there anything you can say about what issue you are concerned with, what steps you have taken already, why the grand jury is preferable to other routes, and so on. Any information at all will help me to focus my response. Thanks. pafalafa-ga


  • Jack, Thanks for adding that bit of information. I have some queries out to different folks regarding your question, and it will probably be early next week (say, Tuesday 2/25) before I hear back from all of them. Let me know if you can't wait that long for a reply. But if the timing isn't critical, then waiting until next week is the best way for me to get you the best information possible.


  • Wow, it seems pafalafa, you did a great job followwing the information trail. Thanks and hope we connect agian. Jack





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