AN INITIATIVE MEASURE
AMENDING ARTICLE 6, SECTION 17, CONSTITUTION OF ARIZONA; TEXT OF PROPOSED AMENDMENT
Be it enacted by the people of the state of Arizona:
- Section 1. Title.
- This act may be cited as the “Citizens right to convene grand jury”
- Sec. 2. Findings.
- The People of the State of Arizona find and declare the following: A.
- Sec. 3. Article 6, Section 17 Constitution of Arizona is amended to read
- 17. Superior court; conduct of business; trial juries; jury trial; grand juries
- Section 17. The superior court shall be open at all times, except on nonjudicial days, for the determination of non-jury civil cases and the transaction of business. For the determination of civil causes and matters in which a jury demand has been entered, and for the trial of criminal causes, a trial jury shall be drawn and summoned from the body of the county, as provided by law. The right of jury trial as provided by this constitution shall remain inviolate, but trial by jury may be waived by the parties in any civil cause or by the parties with the consent of the court in any criminal cause. Grand juries shall be drawn and summoned only by ANY OF THE FOLLOWING:
- A. AN ORDER OF THE SUPERIOR COURT
- B. WHENEVER ONE-HALF OF ONE PERCENT OF THE REGISTERED ELECTORS OF A COUNTY HAVE SIGNED A PETITION TO SUMMON A GRAND JURY AND HAVE SUBMITTED THE PETITION SIGNATURES TO THE COUNTY ELECTION ADMINISTRATOR, IN WHICH CASE A GRAND JURY SHALL BE SUMMONED AND IMPANELLED BY THE JUDGE OF THE DISTRICT COURT FOR THE COUNTY RECEIVING THE PETITION. A GRAND JURY SO SUMMONED AND IMPANELLED SHALL:
- 1.FIRST CONSIDER ANY CAUSE ADVANCED BY THOSE WHO HAVE BROUGHT AND SIGNED THE PETITION, BUT THE GRAND JURY IS THE SOLE JUDGE OF ITS DURATION AND THE BREADTH AND DEPTH OF ITS INQUIRY; AND
- 2. CONDUCT SELECTED OPEN PROCEEDINGS TO ALLOW THE PUBLIC TO PRESENT INFORMATION OR ASK QUESTIONS, AND CONDUCT OTHER PROCEEDINGS OPEN OR CLOSED AS IT CHOOSES. IF AN INDICTMENT IS BROUGHT BY A GRAND JURY UNDER THIS SUBSECTION IT:
- A. MUST BE PROSECUTED BY THE COUNTY ATTORNEY FOR THE COUNTY IN WHICH THE ALLEGED OFFENSE OCCURRED, REGARDLESS OF PROSECUTORIAL DISCRETION. A COUNTY ATTORNEY WHO FAILS TO PROSECUTE WITHIN 90 DAYS AN INDICTMENT BEING HANDED DOWN BY THE GRAND JURY MAY BE INDICTED FOR OBSTRUCTION OF JUSTICE AND OFFICIAL MISCONDUCT. IF A GRAND JURY SUMMONED UNDER THIS SECTION IS UNABLE TO OBTAIN THE PROSECUTION OF AN INDICTMENT BY THE COUNTY ATTORNEY OF THE COUNTY WHERE THE ALLEGED OFFENSE OCCURRED, THE GRAND JURY MAY COMPEL PROSECUTORIAL ASSISTANCE FROM THE ATTORNEY GENERAL OR THE GRAND JURY MAY RETAIN A PRIVATE PROSECUTOR WHOSE FEES SHALL BE A LAWFUL CLAIM AGAINST THE COUNTY WHERE THE ALLEGED OFFENSE OCCURRED. A GRAND JURY SUMMONED UNDER THIS SECTION MAY, IN ADDITION TO INDICTMENTS, SEEK COURT ORDERS TO REMEDY SITUATIONS UNDER ITS INVESTIGATION AND MAY HIRE COUNSEL INDEPENDENT OF THE COUNTY ATTORNEY’S OFFICE.