Colorado § 13-72-101 - Grand jurors - term - additional juries.

§ 13-72-101. Grand jurors - term - additional juries.

(1) Grand juries shall not be drawn, summoned, or required to attend the sitting of any court in any county in this state unless specially ordered by the court having jurisdiction to make such an order and except as provided in subsection (2) of this section. The length of term served by a grand jury shall be as provided in section 13-71-120.

(2) In counties with a population of one hundred thousand persons or more, according to the latest federal census, a grand jury shall be drawn and summoned by the court to attend the sitting of said court at the first term of such court in each year.

(3) In all other counties, the grand jury shall be called and shall sit at such times and for such periods as the court may order on its own motion or upon motion by the district attorney of the judicial district in which the county is located.

(4) Upon motion of the district attorney and for good cause shown, the court may cause to be drawn and summoned an additional grand jury.

(5) A grand jury shall be impaneled, sworn and charged in, and report to such court, as the judges of the judicial district among themselves agree or as they may by rule provide.

Source: L. 70: R&RE, p. 244, § 1. C.R.S. 1963: § 78-6-1. L. 84: (5) added, p. 476, § 2, effective February 6. L. 89: (1) amended, p. 774, § 2, effective January 1, 1990. L. 99: (1) amended, p. 54, § 2, effective March 15.

ANNOTATION

Annotator's note. Since § 13-72-101 is similar to repealed § 78-6-1, C.R.S. 1963, a relevant case construing that provision has been included in the annotations to this section.

This section provides for the statutory grand jury. Buchler v. District Court, 158 Colo. 205, 405 P.2d 950 (1965).

Grand jury is an adjunct of the court. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

This section fixes the time when such grand jury shall be impaneled. Buchler v. District Court, 158 Colo. 205, 405 P.2d 950 (1965).

Service for full 18 months legislative intent. By enacting this section, the general assembly intended to allow a grand jury to serve for a full 18 months. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Indictment against a defendant is not void merely because the grand jury returned the same at a term of court subsequent to the term in which it was organized. Buchler v. District Court, 158 Colo. 205, 405 P.2d 950 (1965).

Where a lawfully impaneled grand jury holds over into a term of court subsequent to the one in which it was organized, and at such succeeding term of court is still recognized by the court as a lawful body, it is a good and sufficient grand jury de facto and indictments returned by it are not void, but valid; and such is especially true where a de jure grand jury has not in the meantime been impaneled. Buchler v. District Court, 158 Colo. 205, 405 P.2d 950 (1965).

Court has authority to ensure that grand jury's function is reasonably facilitated. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Court's power relative to grand jury includes, among other things, authority to protect the grand jury from working unreasonable hours, meeting in unreasonable places, or from service under otherwise unreasonable conditions. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Power of court to discharge grand jury does not justify judicial interference with the internal affairs and investigations of a legally constituted grand jury. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Court may not dictate nor inquire into areas which are being investigated by grand jury, for to authorize such an endeavor would contravene the very purpose for which the system was devised. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Grand jury mandatory in counties of at least 100,000. The court must convene a grand jury if the county in which the grand jury is to conduct an investigation is populated by at least 100,000 inhabitants. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Additional grand jury at court's discretion. The court may exercise its discretion in ruling on a district attorney's motion to summon an additional grand jury and should not grant the request unless good cause has been shown. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Grand jury should not be utilized as handmaiden to district attorney. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Denial of petition to impanel is not abuse of discretion. Ross v. Ogburn, 646 P.2d 390 (Colo. 1982).

Motion when one grand jury inadequate to handle volume and burden of investigations. If a district attorney feels that one grand jury is inadequate to handle the volume and the burden of investigations which he has ordered, he may make a motion to the court to summon an additional grand jury. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Grand jury should not be used in routine cases or for political or other improper purposes. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).

Information rather than grand jury in ordinary criminal cases. Criminal justice system in Colorado is not geared to the use of the grand jury in every criminal case, as the district attorney should utilize the information as the charging document in the ordinary case. Losavio v. Kikel, 187 Colo. 148, 529 P.2d 306 (1974).