Any official report by the 2023 Santa Clara County Civil Grand Jury will be posted to this webpage. To verify the release of a report, please contact the Court at (408) 882-2721.

 

About the Civil Grand Jury: Current Members, Grand Jury Investigations, Grand Jury Reports, History, Functions, Qualifications, Selection Process, Commitment, Remuneration, and Orientation

Current Members: List of 2023 Civil Grand Jury members 

2023 Demographic Data 

Grand Jury Investigations:  

Any person may submit a complaint form to request a Civil Grand Jury investigation. While the Civil Grand Jury may not investigate all complaints received, the Civil Grand Jury functions as an investigative body and does examine complaints into actions or performance of city, county agencies or public officials.

The jurisdiction of the Civil Grand Jury is limited by statute and includes the following:

• Consideration of evidence of misconduct against public officials to determine whether to present formal accusations requesting their removal from office
• Inquiry into the condition and management of public prisons within the county
• Investigation and report on the operations, accounts, and records of the officers, departments, or functions of the county including those operations, accounts, and records of any special legislative district or other district in the county pursuant to state law for which the officers of the county are serving in their ex officio capacity as officers of the districts
• May investigate the books and records of any incorporated city or joint powers agency located in the county

The Civil Grand Jury has no jurisdiction to investigate State or Federal government agencies, the Courts, or matters outside Santa Clara County.

All complaints are kept confidential and may be the basis for an official Civil Grand Jury report.

Click here for the Confidential Complaint Form in English. The form is also available in Spanish here. 

The complaint form may be prepared and submitted to the Superior Court by mail, fax, online or in-person as described below:

• Complete the Confidential Complaint Form online, print and sign the form, and mail to: Santa Clara County Civil Grand Jury, Superior Court, 191 North First Street, San José, CA 95113
• Complete the Confidential Complaint Form online, print and sign the form, and deposit in the drop box in the lobby of 201 N. First Street: Attn: Britney Huelbig, Deputy Manager – Administration, 201 North First Street, San José, CA 95113
• Download a copy of the Confidential Complaint Form, complete the form and send a printed copy via fax to: (408) 882-2795, Superior Court, Attn: Britney Huelbig, Deputy Manager, Santa Clara County Civil Grand Jury
• Complete the Confidential Complaint Form Electronically
• After opening the form in a PDF-compatible program select “File”, “Save As”, and enter a new name for the file and select the location of where you would like the file to be saved. Select “OK”
• Open your email application and create a new email message. Attach the file you just created, and send the email to cgj@scscourt.org

Please note that, per the General Orders of the Presiding Judge, entry to the courthouse to submit a complaint in-person may be limited. Please refer to the Updates and Information Regarding Novel Coronavirus 2019 (COVID-19) page of the Court website for the most up-to-date information.

Grand Jury Reports:  

Final 2022 Reports (and agency responses, in blue, below reports)

1. If You Only Read the Ballot, You're Being Duped 


• City of Campbell 


• City of Cupertino 


• City of Gilroy 


• City of Los Altos 


• City of Milpitas 


• City of Monte Sereno 


• City of Morgan Hill 


• City of Mountain View 


• City of Palo Alto 


• City of San Jose 


• City of Santa Clara 


• City of Saratoga 


• City of Sunnyvale


• County of Santa Clara


• Cupertino Union School District


• East Side Union High School District


• El Camino Healthcare District 


• Foothill De Anza Community College District


• San José Unified School District


• Santa Clara Valley Transportation Authority


• Santa Clara Valley Water District


• Town of Los Altos Hills 


• Town of Los Gatos 


2. Unsportsmanlike Conduct: Santa Clara City Council 


• City of Santa Clara 


• Mayor Gillmor and Councilmember Watanabe 


3. Continuity Report 


4. Garbage In, Garbage Out: Santa Clara County Public Contract Data 


• Santa Clara County Board of Supervisors 


5. Show Me the Money: Financial Transparency Needed 


• City of Campbell 


• City of Cupertino 


• City of Los Altos 


• City of Milpitas 


• City of Monte Sereno 


• City of Morgan Hill 


• City of Saratoga 


• Town of Los Altos Hills 


• Town of Los Gatos 


6. A House Divided: Cupertino City Council and City Staff 


• City of Cupertino 


7. Conservatorships: A Case for Zealous Advocacy 


• Santa Clara County Board of Supervisors 

2001-2021 Final Reports & Agency Responses: see Archive page

Information about the Civil Grand Jury:

History

The concept of juries dates back to Norman times in the eleventh century. By 1215 the jury concept had evolved into a guarantee expressed in the Magna Carta that no freeman would be “imprisoned or [dispossessed] or exiled or in any way destroyed...except by the lawful judgment of his peers….”

In the United States, the Massachusetts Bay Colony impaneled the first grand jury in 1635 to consider cases of murder, robbery, and wife beating. The U.S. Constitution's Fifth Amendment and the California Constitution call for grand juries. Grand juries were established throughout California during the early years of statehood. As constituted today, the grand jury is a part of the judicial branch of government, an arm of the court.

Functions of the Grand Jury

The responsibilities and authority of the Civil Grand Jury are specified in the California Constitution, the Penal Code, the Government Code, case law, and attorney general opinions. The Civil Grand Jury is an investigatory body created for the protection of society and the enforcement of the law. Although the responsibilities of a grand juror are many and diverse, the predominant functions include:

Civil Watchdog Responsibilities

This is the major function of present day grand jurors, and considerable effort is devoted to these responsibilities. The Grand Jury may examine all aspects of county and city government and special districts to ensure that the best interests of Santa Clara county residents are being served. The Grand Jury reviews and evaluates procedures, methods and systems utilized by county/city government to determine whether more efficient and economical programs may be employed. The Grand Jury is also authorized to:

• Inspect and audit books, records and financial expenditures to ensure that public funds are properly accounted for and legally spent
• Inspect financial records of over 25 special districts in Santa Clara County
• Inquire into the conditions of jails and detention centers
• Inquire into charges of willful misconduct in office by public officials or employees

Most Grand Jury “watchdog” findings are contained in reports describing problems encountered and making recommendations for solutions. During it term, the Grand Jury may issue final reports on the operations of Santa Clara county government entities and officials. Every entity/official that is the subject of a final report must comment upon the Grand Jury’s recommendations.

Public Complaints
The Civil Grand Jury may receive complaints from members of the public raising concerns about local government or its officials. These complaints are acknowledged and may be the basis of a Grand Jury investigation and report. All complaints are kept confidential.

Qualifications

Prospective grand jurors must possess the following qualifications per Penal Code Section 893:

• Be a citizen of the United States of the age of 18 years or older who shall have been a resident of the county for one year immediately before being sworn
• Be in possession of his or her natural faculties, or ordinary intelligence, of sound judgment and of fair character
• Possess sufficient knowledge of the English language

A person is NOT competent to act as a grand juror if any of the following apply:

• The person is serving as a trial juror in any court of this state
• The person has been discharged as a grand juror in any court of this state within one year
• The person has been convicted of malfeasance in office or any felony or other high crime
• The person is serving as an elected public official

Desirable qualifications for a grand juror include the following:

• Open-mindedness, with concern for the views of others
• Ability to work with others
• Genuine interest in community affairs
• Investigative skills and an ability to write reports

Selection Process

Once each year, Superior Court judicial officers seek volunteers to apply for service on the Civil Grand Jury. The Superior Court Judges nominate thirty prospective grand jurors from the pool of applicants, divided among the county’s supervisorial districts. These people are invited to appear before the Presiding Judge of the Superior Court. At that time, with the outgoing Grand Jury in attendance, sufficient names are drawn randomly to form a panel of 19. The Presiding Judge often designates one or more outgoing Grand Jurors to “hold over” and serve on the subsequent year’s Grand Jury. All 19 members are then sworn in and given a description of their duties and responsibilities by the Presiding Judge. Grand Jurors serve a minimum term of one year.

Commitment

Persons selected for Grand Jury service must make a time commitment of an average of 25 hours per week for a period of one calendar year. This time commitment may fluctuate depending on the role of the individual on the panel and the time of year.

Remuneration

Grand Jurors receive per diem for meetings and Grand Jury activities, and mileage reimbursement.

Orientation

At the beginning of each term, an orientation program and training about service on the Civil Grand Jury is provided to those selected.